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Hindustan Times
4 days ago
- Politics
- Hindustan Times
Arms licence scam; J&K High Court to hear PIL on August 7
A division bench of J&K and Ladakh high court on Friday deferred the hearing into arms licence scam allegedly involving bureaucrats because of paucity of time. The CBI is investigating the infamous arms licence scam that happened between 2012 to 2016 which was transferred to it by the government of J&K in the year 2018 and CBI registered two FIRs. (File) Chief justice Arun Palli and justice Rajnesh Oswal directed the registry to list PIL No.09/2012 (infamous Arms Licences Scam) titled Sheikh Mohd. Shafi & Anr V/s Union of India and others on August 7. When this much publicised PIL came up for hearing, senior additional advocate general (AAG) appearing for UT of J&K informed the division bench that pursuant to order dated April 24, the general administration department (GAD) has filed a comprehensive status report indicating the steps taken as directed by the division bench. Advocate SS Ahmed appearing for the petitioners submitted that he has already received the copy of the said status report filed by GAD. Looking into the importance of the matter, the bench directed the registry to re-list the instant PIL on August 7. The CBI is investigating the infamous arms licence scam that happened between 2012 to 2016 which was transferred to it by the government of J&K in the year 2018 and CBI registered two FIRs. In September, 2024, the division bench then headed by chief justice Tashi Rabstan (since retired) impleaded CBI as a party respondent and the CBI, in its detailed status report, divulged that from 2012 to 2016, various district magistrates in J&K in lieu of monetary considerations in connivance with arms dealers, judicial clerks and middlemen issued 2.63 lakh arms licences to non-deserving persons in contravention of Arms Act and the rules framed thereunder. The CBI after completion of investigation in both the FIRs has sought prosecution sanction against more than nine IAS officers who in their capacity as district magistrates in J&K issued arms licences to the non-deserving persons. So far Government of India has granted prosecution sanction only against one IAS Officer and chargesheet/challan has been filed against the said officer in the designated CBI Court. The J&K government in March, 2021, granted prosecution sanction against the JKAS officers allegedly involved in the arms licences scam and more than 15 charge-sheets have been filed by the CBI in the matter in both the designated courts at Jammu and Srinagar. The PIL has highlighted the rampant corruption in J&K and shielding of higher-ups involved various scams and the lackadaisical approach of J&K Government in forwarding the prosecution proposals to the ministry of home affairs of those involved in various scams, said advocate SS Ahmed. Deputy solicitor general of India Vishal Shamra appeared for Union of India in the matter.
NDTV
4 days ago
- Politics
- NDTV
Court Seeks Centre's Reply On Medical Consent Rights Of Same-Sex Partners
New Delhi: The Delhi High Court on Thursday issued a notice to the Central government regarding a petition urging for the creation of guidelines to legally recognise non-heterosexual partners as medical representatives, thereby allowing them to give consent on each other's behalf in medical situations. Justice Sachin Datta sought responses from the Union Ministries of Health and Family Welfare, Law and Justice, Social Justice and Empowerment, and the National Medical Commission regarding the plea. The petition was filed by Arshiya Takkar, who is in a long-term same-sex relationship with advocate Ms Chand Chopra. The couple has been together since June 2015, celebrated their engagement in December 2019, and held a commitment ceremony in December 2023. Following the Supreme Court's ruling in Supriyo @ Supriya Chakraborty & Anr. v. Union of India, which affirmed the fundamental right of same-sex couples to form unions, they legally married in New Zealand on December 14, 2023. The petition highlights the urgent need to recognise same-sex unions within the Indian medical framework. Ms Chopra's family resides outside Delhi or abroad, making it impractical for them to assist during medical emergencies. This leaves Takkar, her partner, ineligible to act as her medical representative, despite their committed relationship. Takkar contends that such exclusions are discriminatory, infringing upon constitutional guarantees under Part III of the Indian Constitution. Drawing on the precedent set in Navtej Singh Johar v Union of India, she argues that discrimination based on sexual orientation violates the fundamental rights to equality and freedom of expression. The petition further asserts that denying medical decision-making authority violates Article 19(1)(a) and (c), by limiting the Petitioner's right to express her relationship through mutual care. It also breaches Article 21, which ensures the right to live with dignity and autonomy in personal relationships. Takkar mentioned multiple rulings which emphasised legal recognition for "chosen families" within the LGBTQIA community. The petition argues that the refusal to extend medical rights to non-heterosexual partners conflicts with constitutional morality and evolving societal norms. Additionally, the plea claims that such denial contravenes India's international human rights commitments. Despite the Supreme Court's directive for a high-level committee to address the entitlements of queer couples, including medical decision-making, no actionable progress has been made. This legal vacuum, the petitioner says, continues to leave same-sex couples vulnerable during medical crises.
Time of India
4 days ago
- Health
- Time of India
The 'legitimate' excuse of assumed consent
By Priyam Sharma Imagine being curled up on your sofa, giggling while watching cat memes on social media, and then suddenly seeing a post of yourself by your nutritionist. Highlighted in bright yellow and green are your name, health issues, and the weight loss they claim to have caused with ' best results ' (because you chose to eat greens, but that's another story). In disbelief, you check the post: your picture zoomed in, the unblurred before-and-after version, your name and health details served up like a rationalised bhel puri to the janta janaardhan , all so they can trust and choose this nutritionist, the self-acclaimed people transformer. When confronted, this nutritionist says the most cliché thing ever: ' Oh, I thought you were okay with sharing. This post was meant to inspire others .' Think of a gym trainer proudly posting your before-after transformation shots and your abs, or a hospital showcasing your recovery story on their Instagram handle all without expressly asking if you were okay with it. From fitness apps flaunting user weight-loss journeys to clinics broadcasting patient recoveries, the line between consent and assumption blurs dangerously under this broad notion of ' legitimate use .' While Indian law has been fairly clear on this point for years, the Information Technology Act, 2000 and its rules explicitly state that no body corporate (a term broad enough to include firms, sole proprietors, partnerships and others engaged in commercial or professional activities) can share such sensitive personal data without explicit consent , failing which it attracts liability under Section 43A. This right also flows from the broader right to life and personal liberty under Article 21 of the Constitution, as reaffirmed by the Supreme Court in K. Puttaswamy vs Union of India (2017) 10 SCC 1, which recognised privacy as a fundamental right. But does the new Digital Personal Data Protection Act, 2023 (DPDP Act), enacted to build a robust data protection framework for India's digital ecosystem, offer equally airtight safeguards? Section 6 of the DPDP Act certainly appears to do so: it requires that consent must be ' free, specific, informed, unconditional and unambiguous ,' underlining that it cannot simply be presumed. However, Section 7(a) then steps in and introduces a potential grey area. It states that when a person has voluntarily provided their personal data to a data fiduciary and has not indicated that they do not consent to its use, the data fiduciary may process it, so long as it is reasonably expected for that purpose. But here lies the catch: Section 7 itself carries the heading ' Certain Legitimate Uses ,' but the actual text of 7(a) does not define the phrase ' legitimate uses ' leaving much to interpretation. What it effectively means is that a data fiduciary can process such voluntarily given data without seeking fresh explicit consent, provided it's for the purpose it was reasonably expected for, and the individual did not expressly object. This creates room for contrasting interpretations: some might argue that once someone has shared their data and hasn't said ' don't use it ,' the door could be interpreted as wide open particularly in the absence of clear statutory safeguards or regulatory guidance on what constitutes ' reasonable expectation .' Others would insist that the individual remains the sole decider of what they have explicitly consented to, knowingly or unknowingly, and that silence or ignorance cannot morph into blanket consent for any kind of processing under Section 7(a). Meanwhile, sub-sections (b) to (i) of Section 7 are considerably more specific: (b) deals with situations where a person disclosed data to avail benefits like subsidies from the State,(c) allows sharing for performance by the State or in the interest of sovereignty and security,while (d) to (i) cover compliance with laws and judgments, responding to medical emergencies, providing medical treatment, employment-related uses, and safeguarding the employer. The scope of Section 7(a), therefore, must necessarily be analysed case by case, considering the facts and the clear intent of the person providing the data. In the earlier example, the person's disclosure of medical history was strictly for obtaining a health plan it can hardly be stretched to justify broadcasting it on social media. Because tomorrow, it might not just be your weight. It could be your genome, your mental health history, or the trail of everywhere you've been. Is that really the future of consent we are comfortable with? (The author is an advocate practising before the Bombay High Court, with prior experience at Crawford Bayley & Co. and Cyril Amarchand Mangaldas. Views expressed are personal.)
Hans India
5 days ago
- Politics
- Hans India
42% BC quota: ‘State govt to face many legal hurdles for taking ordinance route'
The Telangana Government has chosen the Ordinance Route for BC Reservations in Panchayat Polls, which has many legal and political ramifications. This ordinance route, just before the upcoming Panchayat elections, is to enhance Backward Classes (BC) reservations in local bodies. This move carries serious legal and political implications, especially since it attempts to exceed the 50% reservation ceiling imposed by the Supreme Court. The Triple Test Doctrine The Supreme Court, in K. Krishnamurthy v. Union of India (2010) and reaffirmed in Vikas Kishanrao Gawali v. State of Maharashtra (2021), laid down the Triple Test for granting OBC reservations in local bodies: ♦ Empirical Identification: A rigorous study identifying social and educational backwardness. ♦ Political Backwardness Analysis: Unit-wise examination of backwardness for each local body to determine the exact quota percentage. ♦ 50% Cap Compliance: The total reservation should not exceed 50%, unless backed by extraordinary justification based on quantifiable data. The Supreme Court has categorically held that this ceiling is part of the basic structure of equality, and any deviation requires robust evidence and exceptional circumstances. Telangana's Plan and Legal Complexities The Telangana Cabinet approved a draft ordinance to implement 42% BC reservation in Panchayat Raj institutions, supported by two Bills already passed in the State Assembly for BC reservations in education and employment. The percentage is based on a comprehensive caste survey report submitted to the BC Commission headed by B. Venkateshwara Rao. Once approved by the Governor, the ordinance will apply this enhanced quota in the upcoming local body elections. However, this raises several constitutional and judicial concerns: ♦ The Governor, Jishnu Dev Varma, is reportedly seeking legal opinion before giving assent. ♦ There are doubts about the legality of using an ordinance to bypass pending constitutional processes, as two original Bills are still with the President for assent. ♦ The Telangana High Court, while directing the government to conduct local body elections by September 30, did not address the reservation policy. Using this as urgency for an ordinance could be seen as colourable legislation- a misuse of power for political ends. Conflict with the Supreme Court's 50% Ceiling The proposal directly challenges the SC's rulings in Indra Sawhney and subsequent cases, which strictly maintain that reservations should not cross 50%, except in rare situations backed by empirical data and transparency. Telangana argues that its caste survey shows 56% of the population belongs to BC communities, including BC Muslims, thus creating an 'extraordinary situation.' However, the report remains confidential, raising questions: ♦ Can empowerment of BCs be achieved without transparency and accountability? ♦ Does withholding the report undermine public trust and judicial scrutiny? Key Constitutional Issues ♦ Article 213(1)(a) – The Governor cannot promulgate an ordinance on a subject requiring the President's prior sanction. Here, the subject overlaps with pending Bills awaiting Presidential assent, making the ordinance potentially unconstitutional. ♦ Doctrine of Colourable Legislation – Proroguing the Assembly at 3 PM and sending an ordinance on the same subject at 4 PM indicates an attempt to circumvent constitutional checks, disturbing the delicate federal balance. ♦ Violation of Equality Principle – A sudden move to exceed 50% without full disclosure of data and compliance with the triple test is open to challenge as a breach of constitutional equality. ♦ Subversion of Presidential Power – Proceeding with an ordinance while the Bills are pending before the President could be viewed as undermining Article 200 and 201 processes. Political Dimension The urgency behind this ordinance appears linked to Panchayat elections and political gains among BC voters. Earlier attempts to pass similar laws were stalled at the central level, with state leaders even urging the Centre to include enhanced BC quota in the Ninth Schedule to shield it from judicial review. Why Was the Education and Employment Bill Passed? Passing two significant Bills—on education and employment—alongside Panchayat reservations indicates a broader BC empowerment strategy. However, pushing an ordinance while Bills are with the President creates an impression of political expediency rather than constitutional propriety. Legal Challenges The proposed ordinance, if signed by the Governor, will face serious legal challenges for violating: ♦ Supreme Court precedents on reservation limits ♦ Article 213(1)(a) of the Constitution, and ♦ Principles of transparency and equality. The controversy underscores a fundamental question: Can social justice measures be pushed through opaque, politically timed ordinances, bypassing constitutional safeguards? The answer will likely emerge in the courts in the coming months.
News18
5 days ago
- Politics
- News18
Why India Needs To Relook At The Concept Of ‘Secularism'
It is important to take a relook at the concept of 'secularism' as originated in the West and is being applied to India In the wake of the 50th anniversary of Emergency (1975-77), which was commemorated on June 25 this year, a debate has been reignited on the inclusion of the words 'secular" and 'socialist" in the Preamble of the Indian Constitution. This inclusion was done through the 42nd Amendment of the Constitution in 1976. Several clauses of this amendment were struck down by the Supreme Court in 1980 (Minerva Mills vs Union of India case). The amendment's constitutional morality has also been questioned, as it was passed when the opposition was put in jail by the Indira Gandhi government. A look at the historical evolution of the concept of 'secularism" indicates that it is largely a Christian construct suitable for the West. Its suitability to India's civilisational construct needs to be debated in this regard. Origin and evolution According to Britannica, 'The word secular is derived from the Latin term saeculum, meaning 'a generation", 'a human lifetime", 'an era of time", or 'a century". In its original Christian sense, the word indicated the finite temporal world of mundane daily or political affairs as opposed to Christian religious time and practices filled with the sense of eternity and laden with spiritual significance. The first edition of the Encyclopædia Britannica (1768-71) defined secular as 'something that is temporal; in which sense, the word stands opposed to ecclesiastical". 'The English thinker and writer George Holyoake in 1851 was the first to use the term secularism to refer to a particular nonreligious civic and ethical philosophy that he intended to lack the negative ethical connotation that atheism carried at the time." Holyoake's explanation in 'The Principles of Secularism" (third edition; 1870) is typically rooted in the concept of Christian morality. He said, 'Secularism relates to the present existence of man, and to action, the issues of which can be tested by the experience of this life—having for its objects the development of the physical, moral, and intellectual nature of man to the highest perceivable point, as the immediate duty of society: inculcating the practical sufficiency of natural morality apart from Atheism, Theism, or Christianity: engaging its adherents in the promotion of human improvement by material means, and making these agreements the ground of common unity for all who would regulate life by reason and ennoble it by service." Interestingly, after Holyoake's first edition of 'The Principles of Secularism" had come out in the early 1850s, a group inspired by his work started a Secular Institute on Fleet Street in London in 1854. Their goal was to set up secular societies. Later they also set up a 'Secular Guild" and published a magazine, 'Reasoner". Secularism: Christian construct The concept of 'secularism" as it is applied today was a typical Christian response to intra-Christianity wars and the dominance of the Church in Europe. The Christian wars in the 16th and 17th centuries had ravaged Europe, as the Church was intertwined with the State in such a manner that one couldn't segregate the two. The Treaty of Westphalia (1648), which ended the 'Thirty Years War" in Europe, was the first significant step by the Western polity to curb the authority of the Church by introducing the principle of cuius regio, eius religio (the ruler's religion would be the religion of the people). Prominent thinkers and intellectuals like John Locke (1632-1704), who is often called the 'father of Western liberalism", pushed for greater religious tolerance to reduce the dominance of the Church in public life. The French Revolution One of the key milestones in the development of this Christian framework of secularism was the 'French Revolution" in 1789. It was a violent revolution against the dominance of the Church in France. According to Stewart J Brown and Timothy Tackett (Christianity: Enlightenment, Reawakening and Revolution 1660-1815; Cambridge University Press; 2008), 'By 1794, the radical revolutionaries had literally attempted to 'de-Christianise' France by closing down churches, forcing priests to resign or emigrate, and inventing new republican cults to replace Christianity. Over the next twenty years, as Catholics struggled to restore religious practice, France's leaders worked to define a new relationship between nation and religion. In the later years of the Revolution, the Directory (1795-99) experimented with separating church and state yet continued to view Christianity as potentially subversive and to pursue anticlerical or de-Christianising policies. When Napoleon came to power, he negotiated a new settlement that re-established Catholicism as the 'religion of the majority of the French' and sought to make it dependent upon the state." Most importantly, the French Revolution laid down the foundation for the principle of laïcité—the separation of religion and the state. In 1905, France formally codified it as a law. The rest of Europe broadly followed this principle. Indian intellectuals and politicians who were in awe of 'Western liberalism" or 'Marxism" picked up this idea and thrust it upon India. top videos View all In the Indian civilisational construct dating back several millennia, religion never dominated the state because we were ruled by the concept of 'dharma"—a set of eternal values that has nothing to do with any particular way of worship. In this context, it is important to take a relook at the concept of 'secularism" as originated in the West and is being applied to India. The writer is an author and a columnist. His X handle is @ArunAnandLive. Views expressed in the above piece are personal and solely those of the author. They do not necessarily reflect News18's views. tags : constitution emergency secular First Published: July 08, 2025, 19:55 IST
