TheIndian EXPRESS LATE CITY, 26 PAGES, MUMBAI, `5.00 ● SATURDAY, SEPTEMBER 29, 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 ‘BAN ON MENSTRUATING WOMEN NOT AN ESSENTIAL RELIGIOUS PRACTICE’ SCremovesgenderbarrier,throws openSabarimalatowomenofallages Justice Malhotra dissents: Can’t invoke rationality in religion ‘Devotion to divinity can’t be subjected to rigidity and stereotypes of gender’ ANANTHAKRISHNAN G NEW DELHI, SEPTEMBER 28 THROWING OPEN the doors of the Sabarimala temple in Kerala to women of all ages, the Supreme Court, in a 4-1 verdict Friday, ended the entry ban on women of menstruating age, saying the centuries-old custom attheshrinewasnotanessential religiouspracticeand“theattributeof devotiontodivinitycannot be subjected to the rigidity and WORLD HEART DAY A RED initiative appears in today’s edition of The Indian Express. These pages are an initiative of the marketing solutions team of The Indian Express Group and contains content paid for by advertisers. These pages should be read as an advertisement 14 THE EDITORIAL PAGE Supreme Court’s lost chance By S Y QURAISHI GANDHI @150 WHATWOULDTHEMAHATMA SAYTODAY? iDEAS SERIES Reaching for the Mahatma He evokes awe with his commitment to truth, his ability to listen to others THEIDEASPAGE 15 CITY PAGE 3 ● WILL NEVER GO TO BUY FLOWERS FOR DUSSEHRA: STAMPEDE VICTIM’S KIN stereotypes of gender”. Four of the five judges on the Constitution Bench — Chief Justice of India Dipak Misra, Justices R F Nariman, A M Khanwilkar and D Y Chandrachud — ruled against the restriction on women while Justice Indu Malhotra gave a dissenting opinion, saying “the SHALINI NAIR NEW DELHI, SEPTEMBER 28 CONTINUEDONPAGE2 FULL COVERAGE PAGE 11 Queue outside Sabarimala temple. Reuters file NOT GOING with the majority verdict in the Sabarimala case, Justice Indu Malhotra, in a dissentingopinion,said“whatconstitutes an essential religious practice is for the religious communitytodecide”andnotamatterthatshouldbedecidedbythe courts. She said “notions of rationality cannot be invoked in matters of religion by courts”. Justice Indu Malhotra In her order, Justice Malhotra saidthatinmattersofpracticesof faith,thecourtsshouldintervene only if they are “pernicious, oppressive,orasocialevil,likeSati”. Beginning with a cautionary note on how issues raised in the CONTINUEDONPAGE2 On surgical strike day, BSF says jawan’s death avenged MAHENDER SINGH MANRAL NEW DELHI, SEPTEMBER 28 ON THE day India marked two yearsof thesurgicalstrikeagainst terror launch pads in Pakistanoccupied Kashmir, outgoing Border Security Force Director General K K Sharma, referring to the September 18 killing of BSF head constable Narender Singh byaPakistanborderactionteam, said “we have taken sufficient action along the LoC to avenge the death of our soldier”. SpeakingtoreportersinNew DelhiFriday,theBSFchief didnot go into details of the “sufficient action”. And in Muzaffarnagar, Union Home Minister Rajnath Singh too said: “Something has happened,Iwon’tsaywhat...just two-three days ago.” In a videouploaded by NDTV onitswebsite,RajnathSinghcan be heard saying: “Kuchh hua hai. Main bataunga nahin. Batlaya bhi nahin. Hua hai, aur theek-thaak hua hai. Vishwas rakhna, theekthaak hua hai 2-3 din pehle... aur aage bhi dekhiyega kya hoga (Something has happened, I won’tsay what. Didn’t declare it. Ithashappened,ithasgonewell. Have faith, it has gone well, just two-three days ago... see what happens ahead).” Providing details on the killing of the BSF head constable byaPakistanborderaction team (BAT), Sharma said Narender Singh was shot three times on the chest and dragged to the CONTINUEDONPAGE2 ‘UNSUBSTANTIATED CLAIMS’ IN ENGINEERING BOOK JOURNALISM OF COURAGE Arrest of activists not over dissent, says SC in 2-1 ruling, declines to interfere in case ANANTHAKRISHNAN G NEW DELHI, SEPTEMBER 28 REJECTING PLEAS to release activists Varavara Rao, Arun Ferreira, Vernon Gonsalves, Sudha Bharadwaj and Gautam Navlakha, arrested by Maharashtra police as part of a probe into a Pune meeting on the eve of the January 1 violence at Bhima Koregaon, the Supreme Court, in a 2-1 verdict Friday, declined to interfere in the proceedings, saying “dissenting views expressed or difference in political ideology” had nothing to do with the case. Chief Justice of India Dipak Misra and Justice A M Khanwilkar, who delivered the majority decision and said the “investigating officer is free to proceed” against the accused, rejectedthepleatoorderaprobe by a Special Investigation Team. But Justice D Y Chandrachud, who gave a dissenting opinion, was all for a SIT probe. In his CONTINUED ON PAGE 2 Justice Chandrachud: Can’t muzzle voices in opposition KAUNAIN SHERIFF M NEW DELHI, SEPTEMBER 28 OBSERVING THAT “voices in opposition cannot be muzzled by persecuting those who take up unpopular causes”, Justice D Y Chandrachud, in a dissenting opinion Friday on petitions seeking the release of five activists arrested in the Bhima Koregaon violence case, said “there are serious doubts” about the Pune police probe. “Conscious as the Court is of the public interest in the effective administration of criminal justice, it cannot be oblivious to the overriding Constitutional concern to secure the dignity of theindividual.Thekeytothebalance between the two lies in a fair, independent and impartial investigation of crime. As a matter of principle, I am unable to PRIYANKA SAHOO MUMBAI, SEPTEMBER 28 A DAY after the All India Council of Technical Education (AICTE) drew flak for endorsing a book based on “unsubstantiated scientific claims” for its new course ‘Ancient Indian Knowledge Traditions’, publisher Bharatiya Vidya Bhavan on Friday said that while not all concepts in the book are scientifically proven, students should be able to ex- CONTINUED ON PAGE 2 BY UNNY agree with the views expressed by the learned Chief Justice and CONTINUED ON PAGE 2 MORE REPORTS PAGES 4, 6 SC verdict vindicates our stand against urban Maoists: Fadnavis EXPRESS NEWS SERVICE MUMBAI, SEPTEMBER 28 Prime Minister Narendra Modi at ‘Parakram Parv’, to mark the surgical strikes, in Jodhpur on Friday. PTI REPORTS, P 10 MAHARASHTRA CHIEF Minister Devendra Fadnavis on Friday said the Supreme Court’s decision to not interfere with the arrest of the five activists in the Elgaar Parishad case “vindicated our stand against urban maoists”, while BJP president Amit Shah demanded an apology from the Opposition. “Today’s Supreme Court verdict has vindicated our stand Devendra Fadnavis against the urban maoists. In fact, this was absolutely a conspiracy against the nation. And the supreme court has pointed out that it is not a political move orpoliticalconspiracy,”Fadnavis told reporters after the verdict. The Supreme Court had put thefivehumanrightscampaign- ers,suspectedof linkstoMaoists, under house arrest after police arrestedthemonAugust28. The police were probing an alleged Maoist link to a meeting of the Elgaar Parishad in Pune on the eve of the January 1 violence in Bhima Koregaon. “The police crackdown was not confined to a single case of Bhima Koregaon. While investigating the case, multiple aspects came to the fore which necessitated strong action,” said Fadnavis. CONTINUED ON PAGE 2 In CBI probe against its No.2, botched Free speech lifeblood of democracy: HC on Cobrapost sting on media Publisher says not all arrest bid, a businessman on the run concepts in book proven, students should experiment DEEPTIMAN TIWARY 28 NEW DELHI, SEPTEMBER periment to prove or disprove the same. Thestatementcomesadayafter scientists and educators in Mumbai started a campaign against the AICTE’s plan to endorse the book ‘Bharatiya Vidya Saar’,publishedbyeducationtrust BharatiyaVidyaBhavan,aspartof thesyllabusfortheelectivecourse to be started next academic year in around 3,000 engineering colleges.Theonlinepetitionhasgarnered over 650 signatures so far. BUSINESS AS USUAL AMONG THE six cases that the CBI has opened against its own Special Director Rakesh Asthana is an FIR against Kolkata businessman Dipesh Chandak who hadturnedapproverintheBihar fodder scam probe. Chandak, it is learnt, was picked up by a CBI team on alleged corruption charges but gave them the slip. His currentwhereabouts are not known. Sources said two CBI men picked up Chandak from his houseinKolkata afteranFIRwas registeredagainsthiminAugust. Chandak, sources said, told the CBI men he knew he would be arrestedbecausetheagencywas targeting Asthana who had investigated the fodder scam. Chandak is still to be traced but his ‘detention’ in Kolkata has come under the scrutiny of CBI Director Alok Verma. On September 21, the CBI said it had informed the Central Vigilance Commission (CVC) thatitwasinvestigatingAsthana in six cases of corruption. Sourcessaidthesixcasesinclude two FIRs related to the Sterling Biotech case, two FIRs related to the arrest of journalist Upendra Rai, an FIR regarding the recent searches made by the agency on a caterer at the Palika Services Officers’ Institute (PSOI) in Chanakyapuri in New Delhi, and the Chandak case. The CBI came out with the statement on the six cases in response to a complaint by Asthana to the Centre that Director Verma and Additional DirectorAKSharmawere“interfering” in cases probed by him and his team and had even tried to stop a search linked to former Bihar chief minister Lalu Prasad in connection with the IRCTC scam case. CONTINUED ON PAGE 2 PRITAM PAL SINGH NEW DELHI, SEPTEMBER 28 CALLING “FREE speech” the “lifeblood of democracy”, the Delhi HighCourtFriday setaside itssingle-judgeorderrestraining webportalCobrapostfrommaking public a documentary on various media houses that were allegedly involved in malpractices like paid news, mass polarisation and accepting black money. Holding that “unless it is demonstrated at the threshold thattheoffendingcontentismalicious or palpably false, an injunctionandthattooanex-parte one, without recording any reasons should not be given”, a benchof JusticesSRavindraBhat and A K Chawla remitted the matter back to the single judge and asked it to hear afresh the question of granting interim relief on the petition of Dainik Bhaskar Corporation (DB) Ltd. The High Court Friday directed the parties to remain CONTINUEDONPAGE2 ● PAGE ONE ANCHOR ‘WHAT MAKES ME HAPPY IS THAT MY STRUGGLES WERE NOT MEANINGLESS’ KAVITHA IYER WARDHA, SEPTEMBER 28 MAHATMA SWACHH BHARAT PART IV 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. ASAyounggirl,SandhyaNikhare wanted to be a teacher. Then in 2003, her reality framed by her four-year-old son, a lengthening separation from her husband andasubject,English,toclearfor her Bachelor of Arts degree, Sandhya Nikhare wrote a number of entrance exams for government jobs. She was selected for the postof a Lower Divisional Clerk in Manipur, about 2,500 km from her hometown BhandarainMaharashtra,where her parents were handloom weavers. With her family horrified by the distance, she let that opportunity slip away. Inthe150thyearof Mahatma Gandhi’s birth, employed as a chowkidar-cum-sweeper at the Jawahar Navodaya Vidyalaya in Wardha,thetownincentralIndia whereGandhi unveiled his‘new scheme of basic education’ at an all-Indiaeducationconferencein October1937,sheruestheBAshe never completed. She is now amongthethousandsof workers at the frontlines of Swachh Bharat, the flagship cleanliness scheme launched on Gandhi Jayanti four years ago. “Had I taken up that job in 2003 and completed my BA, I would have been much better off,” says Sandhya, 42. Eventually, it was only in 2013, 18 months after the death of her long estranged husband, who was a mess helper at the Navodaya school, that she was WARDHA: WHERE MAHATMA GANDHI SET UP HIS SEVAGRAM ASHRAM Nirmal Harindran granted Group D employment on compassionate grounds. RunbyaCentralgovernment undertaking, Navodaya schools have all undertaken cleanliness programmes as part of the Swachh Bharat programme. At Wardha, principal R Nagabhushanam says all 500 students as well as teachers and other staff regularly clean the school themselves. Sandhya Nikhare, 42 Job: Chowkidar-cum-sweeper at Navodaya School, Wardha Salary: `25,000 Work Hours: 11 hours (6 am to 5 pm) Off day: Sunday, and half of Saturday Cleans: School corridors, offices, 2 toilet blocks, girls’ dormitory building ButSandhyaseesherworkas Gandhian in a much more fundamental way. Her own work is important, she says, but not just because it’s about cleanliness. “Hard work in any field, to struggle and to persist, that’s what Gandhiji taught, right?” That Wardha is home to a hostof Gandhianinstitutions,including Sevagram Ashram, where the Mahatma lived for eightyears,doesnotmeanmuch to her. She first learnt about Gandhi in Class III or IV. “The thing that makes me truly happy is the fact that my struggles were not meaningless. IwasmarriedbeforeIcouldcomplete my graduation, but having seen my struggles as a single mother,myfamilymadesurethe othergirlswerefinanciallyindependent. So my cousins are all wellsettled,oneisalecturer,one isinthemedicalfield,othershave good jobs,” she says. “That gives me great satisfaction.” Sandhya starts work at 6 am, tidying the offices, gathering trash from bins, making sure the entrance and concourse are spotless. She then rings the 7 am prayer bell by striking a little hammer against a metal sheet hanging by the stairway. It’s time to return home briefly after that, a 200-metre walk to a squat two-room house that stands alongside other staff quarters in the 35-acre campus, past rows of neem and mango trees, behind hibiscus and rose bushes. She busies herself in the CONTINUEDONPAGE11 TOMORROW VAIKOM
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