The Supreme Court on Tuesday ruled that armed forces can take action against their officers for adulterous acts, as it clarified the landmark 2018 judgement that decriminalised adultery.
A five-judge Constitution bench headed by Justice K M Joseph said its 2018 judgement was not concerned with the provisions of the armed forces acts.
The top court, on a plea filed by NRI Joseph Shine, in 2018 had struck down Section 497 of the Indian Penal Code dealing with the offence of adultery, holding it unconstitutional.
The Tuesday order by the bench, also comprising justices Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy, and C T Ravikumar came after Additional Solicitor General Madhavi Divan, appearing for the Centre, submitted a plea seeking clarification of the 2018 judgement.
The Ministry of Defence (MoD) had moved the apex court for an exemption to armed forces from the September 27, 2018 judgement striking down adultery, saying it may hinder action against officers who indulge in such actions and can cause ‘instability’ within the services.
“In view of the aforesaid (2018) judgment, there will always be a concern in the minds of the army personnel who are operating far away from their families under challenging conditions about the family indulging in untoward activities,” the application said.
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Decriminalisation of adultery won’t be applicable in armed forces, rules SC
Observing that military discipline will be affected if there is an army with “completely loose morals”, the Supreme Court on Tuesday ruled that the armed forces can take action against their officers for adulterous acts and decriminalisation of adultery would not stand in the way of initiating disciplinary proceedings.
Clarifying its landmark 2018 judgement which had struck down Section 497 of the IPC that criminalised adultery, a five-judge Constitution bench headed by Justice K M Joseph said the verdict was not concerned with the provisions of the armed forces acts.
The top court in 2018 had struck down the 158-year-old anti-adultery law, saying it was unconstitutional as it dented the individuality of women and treated them as “chattel of husbands”.
The Tuesday order by the bench, also comprising justices Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy, and C T Ravikumar, said it is not as if this court approved of adultery
“This Court was neither called upon nor has pronounced on Sections 45 and 63 of the Army Act and corresponding provisions of the other Acts. We only make this position clear and dispose of the application (filed by the Centre),” the bench said.
“If you are going to have an army with completely loose morals, then what will happen to the discipline. Military discipline will be affected.” At the outset, Additional Solicitor General Madhavi Divan, appearing for the Centre, submitted that a plea seeking clarification of the September 27, 2018 judgement has been filed by the Ministry of Defence for an exemption to armed forces, saying it may hinder action against officers who indulge in such actions and can cause ‘instability’ within the services.
“In view of the aforesaid (2018) judgment, there will always be a concern in the minds of the army personnel who are operating far away from their families under challenging conditions about the family indulging in untoward activities,” the application filed by the ministry said.
Divan stated that she wanted to show how this can impact the operational efficiency and readiness of the armed forces.
“It is not about Victorian morality, mine is a simple case of military discipline, operational efficiency for the armed forces. What section 497 looked at was the offence of adultery in the context of preserving marriage as a social institution. The object was to control the sexuality of the wife to preserve the bloodline and so it was struck down.
“We are on a different note. We want to show how this can impact the operational efficiency and readiness of our armed forces…We are concerned with operational efficiency which has a direct nexus with security of the nation,” she said.
The ASG said the message that seems to have gone down is that extra-marital affair by personnel in the armed forces is a permissible conduct.
“Why do we have court martial, independent criminal justice system in armed forces..because we need to act quickly…these are matters of discipline. When matters are pending all over the country, it is disturbing the cohesion of units…It breeds uncertainty.”
The law officer argued that in the armed forces its personnel are ready to die at the command of officers.
“It requires a different kind of mindset to get people to follow your every command. You have to set that example since they have to be ready to lose life at your command. But the command structure gets disrupted if your boss behaves inappropriately,” she said.
The Centre’s submission was opposed by advocate Kaleeswaram Raj, appearing for Joseph Shine, who had filed the petition seeking the repeal of Section 497 of the IPC. Raj submitted that no omnibus order should be passed.
The counsel appearing for intervenors in the case contended that proceedings against army personnel need to be considered on a case-to-case basis.
“Suppose there is an ongoing marital disputes and a complaint is made, wouldn’t it be required to look into the facts and circumstances of the case,” one of the lawyers said.
The top court had earlier said that armed forces must have some kind of mechanism for disciplinary proceedings against their officers for adultery as “this is a conduct that can shake up the life of officers”.
It had said adultery creates “pain” in a family and it should not be treated in a lighter manner.
Trishakti prahar’: 10-day exercise in Siliguri corridor concludes
A 10-day joint training exercise ‘trishakti prahar’ concluded in the strategically vital Siliguri corridor, in North Bengal today.
The aim of the exercise was to practice battle preparedness of using latest weapons and equipment in a networked environment, involving all arms and services of the Army, the Indian Air Force and central armed police forces (CAPF).
As part of the exercise, swift mobilisation and deployment practices were carried out in various locations across North Bengal, the Army said.
The exercise culminated with an integrated fire power exercise in Teesta Field Firing Ranges, near Siliguri.
In 2018, a Parliamentary committee has termed the 73-day Doklam military standoff as a “blatant” attempt by China to change the boundary to “dominate” India’s Siliguri corridor. It had raised questions over Chinese infrastructure being “uncomfortably” close to India-Bhutan-China tri-junction.
The Fire Power Exercise was aimed at synergising the firepower assets of the Indian Armed Forces and CAPFs to orchestrate an integrated battle.
Beside the Rafale fighter aircraft, the helicopters, tanks, infantry combat vehicles, artillery guns and various new generation weapons and equipment were deployed in a networked environmen
Eastern Army Commander Lt Gen RP Kalita, reviwed the exercise. Senior officers of BSF, ITBP, SSB and civil administration also witnessed the exercise.
Visakhapatnam to be Andhra Pradesh’s new capital, says CM Jagan Reddy
Andhra Pradesh Chief Minister YS Jagan Mohan Reddy on Tuesday said the state capital will be shifted to Visakhapatnam.
Speaking at the preparatory meeting for the Global Investors Summit to be held in Visakhapatnam in March, he said he also would be shifting his office to the port city in the months to come.
“Here I am to invite you to Visakhapatnam which is going to be our capital in the days to come. I myself would also be shifting over to Visakhapatnam in the months to come as well,” he told the investors at the meeting.
The N Chandrababu Naidu-led government in 2015 acquired over 33,000 acres of land from farmers to develop Amaravati as the capital of the state.
After Jagan Mohan Reddy took over in 2019, the state government wanted to have three capitals-Visakhapatnam-Executive Capital, Amaravati-Legislative capital and Kurnool-Judicial capital and passed an appropriate legislation.
The Jagan Mohan Reddy government passed a Bill in the Assembly in November last year, repealing the controversial AP Decentralisation and Inclusive Development of All Regions Act, 2020, which was intended to establish three capitals for the state.
Without putting any timeframe, Jagan, speaking on the floor of the Assembly said the government would come out with a “comprehensive, complete and better” Bill after plugging loopholes in the previous version.
In March last year, the Andhra Pradesh High Court ruled against the three capitals and directed the government to develop Amaravati as the state capital as envisaged.
The Court also in its verdict on March 3, 2022 said the state Legislature lacked competence to make any legislation for shifting, bifurcating or trifurcating the capital.
The state government filed a petition in the Supreme Court challenging the High Court Order.
The High Court also set timelines for the development of Amaravati.
Several ministers have been categorically saying that the government would come up with a new Bill on the three capitals issue, the ongoing litigation in the Supreme Court notwithstanding.
Former PM Manmohan Singh conferred Lifetime Achievement Honour in UK
Former prime minister Dr Manmohan Singh was recently conferred a Lifetime Achievement Honour by the India-UK Achievers Honours in London for his contribution to economic and political life.
The Honour, announced at an awards ceremony last week, will be handed over to Dr Singh in New Delhi by the National Indian Students and Alumni Union (NISAU) UK at a later date.
The India-UK Achievers Honours by NISAU UK, in partnership with the British Council in India and the UK’s Department for International Trade (DIT), celebrate the achievements of Indian students who studied at British universities and the Lifetime Achievement Honour is a nod to Dr Singh’s academic achievements at the Universities of Oxford and Cambridge.
“I am very touched by this gesture, which is especially meaningful coming from young people who are the future of our country and of the ties between our two countries,” Dr Singh said in a written message
“The India-UK relationship is indeed especially defined by our educational partnership. The founding fathers of our nation, Mahatma Gandhi, Jawaharlal Nehru, Dr B.R. Ambedkar, Sardar Patel and many others studied in the UK and went on to become great leaders, leaving a legacy which continues to inspire India and the world. Over the years countless Indian students have had the opportunity to study in the UK,” said the 90-year-old economist, who served as prime minister from 2004-2014.
To mark 75 years of India’s independence, the first-ever India UK Achievers Honours covered 75 high achievers and some key Outstanding Achievers who bolster the India-UK diaspora living bridge.
British Indian peer Lord Karan Bilimoria received the Living Legend Honour at the awards ceremony on January 25.
“All who have won awards are the living bridge that is spoken about by both countries. Their achievements create inspiration here in the UK and in India,” said Bilimoria, a patron of NISAU UK.
Opposition Labour Party MP Virendra Sharma, another a patron of NISAU UK, was also conferred the Living Legend Honour.
“India and the UK are natural collaborators, allies and friends. Where once was a relationship based on exploitation, now rests a partnership of equals, representing democracy, industry and technology,” said Sharma.h
According to NISAU UK, a plethora of nominations went through a rigorous selection process by an eminent jury, shortlisting India’s 75 top achievers and eight outstanding achievers.
“Working on the Honours has been an unforgettable experience for the NISAU UK team. We have always known that the work of Indian graduates of British universities was extraordinary, but I don’t think even we realised just how profoundly world-changing it is,” said Sanam Arora, NISAU UK Chair.
Among the Outstanding Achievers honoured included Bollywood actor Parineeti Chopra, Aam Aadmi Party (AAP) spokesperson Raghav Chadha, Serum Institute of India CEO Adar Poonawalla and Indian women’s football team goalkeeper Aditi Chauhan. AK
Indira Gandhi ‘allowed’ Bhindranwale to become Frankenstein monster: DISCLOSES Lt Gen Kuldip Singh Brar
Late Prime Minister Indira Gandhi had “allowed” militant leader Jarnail Singh Bhindranwale to grow into a sort of Frankenstein monster and decided to “finish him off” when he reached the pinnacle, claims Lt Gen (retd) Kuldeep Singh Brar who led the 1984 Operation Bluestar to flush out extremists from the Golden Temple.
In the recent episode of ANI Podcast with Smita Prakash, the retired 1971 war veteran, Lt Gen (retd) Brar said, “No one wants an operation, but what do you do? Indira Gandhi allowed him to become Frankenstein. You could see every year what was happening. But when he reached the pinnacle, now finish him off, now destroy him. It’s too late.” He claimed that the then-political leadership had allowed the Bhindranwale cult to flourish.
“They had their own little problem support between Akali and Congress. They allowed this cult of Bhindranwale to continue,” the retired army officer said.
In the episode titled “Never before heard stories from the man who led Operation Blue Star” Lt Gen Kuldip Singh Brar recalled the situation of Punjab in the 1980s at a time when he said Bhindranwale was in full control of the state
“In the 1980s, let’s say 1982, 83, 84, things were very bad over there. There was no law and order at all. Lot of police were afraid of taking action against anyone because Bhindranwale had become so powerful. He had become like a Frankenstein. His orders were the last orders,” he said.
Lt Gen Brar said that law and order had completely collapsed in Punjab and the “feeling of Khalistan” was building up.
“In the beginning of 1984, the feeling was very strong that they are going to declare Khalistan. The youth were without jobs. They had motorcycles and scooters and they roamed around with little pistols and revolvers. There were many gangsters. Law and order had totally broken down. The feeling of Khalistan was slowly building up. Jarnail Singh Bhindranwale was in full control of the state,” he said.
Bhindranwale was the head of the Sikh religious sect Damdami Taksal. He was killed along with his armed followers during Operation Blue Star launched by the Indian Army at the Golden Temple complex.
The Indian Army carried out Operation Blue Star in 1984 between June 1 and June 8. Indira Gandhi, the then Prime Minister of India, had ordered the military operation to flush out terrorists who were accumulating weapons inside the premises of the Golden Temple.
Pakistan-based Sikh man alleges local Muslims threatened to kill him and his daughters; posts video
A Sikh who went to pick up his daughters from school on Monday in Jacobabad, Sindh, was threatened by local Muslims, who abused them and said that they will kill all of them.
Narain Das Bheel, Founder and Chief Organiser of the Hindu Organisation of Sindh, tweeted a video where the Sikh man could be heard narrating the incidents in Pakistan.
Harish Singh said that when he was picking up his daughters from school, he was threatened to be killed by the local Muslims.
He said that the attackers also threatened to kill his daughters. Singh added that his daughters were afraid and have refused to go to school. Singh urged locals to save him from the atrocities.
“I am pleading with the locals of Jacobabad with folded hands that on January 26 when I was coming back after picking up my daughters, there was a lot of crowd on the road. Bike-borne Muslims abused and threatened to kill me and my daughters. They hit my scooter. I suffered an injury in my leg. My daughters are worried. They are refusing to go to school.”
He said, “The Sikh community living in the area gave respect and votes to the Muslim leaders. He appealed to them and the local community to support him and save his family, adding, “One fish should not be allowed to spoil the pond,” he said.
BJP leader Manjinder Singh Sirsa on Tuesday urged the Ministry of External Affairs to look into the matter.
“Radicals of Jacobabad issuing open threats to Sikhs but Pak Govt stays silent. A resident of Harish Singh Gurdwara says that Muslims are threatening to kill him. Only Govt of India can raise the voice for safety and justice of minorities in Pak @MEAIndia,” tweeted Sirsa.
Chandigarh: G20 delegates witness North India’s vivid food, traditions and culture
India showcased its soft power, particularly cultural diplomacy, to over 100 delegates that converged in this city to attend the first G20 International Financial Architecture Working Group meeting, under the G20 Indian Presidency.
At a dinner hosted by the Chandigarh administration for the delegates, comprising international organisations, on Monday, the focus was on winning hearts of the delegates by showcasing India’s deep-rooted multiculturalism through food, traditions and culture, besides branding city as a preferred tourism destination, an official, who was associated with the event, told IANS.
A special counter was set up at the entrance of the gala cultural evening organised on the banks of the rain-fed Sukhna Lake with the Kasauli hills and lower Shivalik hills in the backdrop for the delegates to don colourful turbans.
“I look elegant now,” remarked a delegate from Australia while pointing towards his turban.https://3a8d8c607a7d5c8ea607472c56ad2bec.safeframe.googlesyndication.com/safeframe/1-0-40/html/container.html
Many of the foreigners, including women, were seen getting turbans of different hues tied on their heads.
At the cultural evening, inaugurated by Chandigarh Administrator and Punjab Governor Banwarilal Purohit, the delegates were dancing on the beats of ‘dhol’ or drum with a group of folk dancers from Punjab.
“Indian culture is so great that even foreigners adapt it,” remarked a foreigner, pointing towards delegates dancing their hearts out on a Bhangra song.
With India observing 2023 as the ‘Year of Millets’, the delegates were served special millet-based recipes cooked in a traditional way.
“I really enjoyed a non-vegetarian recipe from Kashmir that I am told was cooked in a traditional way by incorporating millets, a nutritious and healthy alternative,” remarked another dignitary.
The lightening by the usage of earthen lamps and strings of electric bulbs and the laser show on the banks of the Sukhna Lake embodied the spirit of “One Earth, One Family, One Future”. Also colourful flying pots illuminated the skyline.
At the summit venue, an exhibit of traditional handicrafts of the region for the G20 delegates like Phulkari, the folk embroidery of Punjab, was a major attraction. Also there is a millet hamper for the delegates.
“Of course, cultural diplomacy can also directly or indirectly pursue economic benefits in a way to boost tourism in the region,” said the official, who said the focus of the spectacular show was to brand this region as the preferred tourist destination by showcasing cuisine and culture.
“An attempt was made to fascinate the delegates to showcase the most culturally rich and vibrant performances on stage, besides promoting common culinary traditions of the region with focus mainly on Punjab, Haryana, Himachal Pradesh and Kashmir,” he said.
Also beautifully decorated boats with flags of each participating nation were showcased in the waters of the lake with the backdrop of glowing G20 logo. Most of the waiters were specially dressed by donning traditional Himachali ‘topis’ (caps) with a multi-colour border.
Presenting a shawl and a Himachali cap is a common practice at official and public functions in the neighbouring hill state of Himachal Pradesh. There is a tradition in Kinnaur, the tribal-dominated district in the hill state, to welcome guests with a garland of dry fruits and a round Kinnauri cap with a green flap.
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