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SC grants states three weeks time to respond on religious conversion laws | Latest News India

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The Supreme Court on Friday directed states which have enacted religious conversion laws to file their responses in three weeks to a bunch of petitions challenging its validity.

Supreme Court of India (File Photo)
Supreme Court of India (File Photo)

Himachal Pradesh, one of the nine states whose law is under challenge, was the only state which filed its response.

Justifying the new law, the state in its latest affidavit said, “To curb practice of forcible conversion and to preserve peaceful atmosphere in state, it has been decided to bring an effective legislation in place.”

It said that there has been a spike in “fraudulent conversions” in the state of late and curbing such instances became the need of the hour to prevent public disorder and preserve mutual trust between different ethnic and religious groups.

Also Read: Judiciary ordering land for lawyers’ chambers sends a very wrong message: SC

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Interestingly, this is the second time the state has enacted the HP Freedom of Religion Act. This law passed in 2019 has been challenged by NGO Citizens for Justice and Peace (CJP) in the Supreme Court along with similar laws enacted by states of Uttar Pradesh, Uttarakhand, Madhya Pradesh, Gujarat, Karnataka, Jharkhand, Chhattisgarh and Odisha.

Earlier, the state had a similar law introduced in 2006 but the same was struck down by the Himachal Pradesh high court in 2011.

The new law seeks to prohibit any conversion based on misrepresentation, fraud, force, undue influence, marriage, inducement or coercion. It requires any person in the state desiring to be converted to approach district authorities one month in advance and sign a declaration that the conversion is by his/her own free consent and volition. Even the religious priest performing the conversion has to give a similar intimation to the district magistrate.

The HP government further said, “There has been a spike in the instances of conversion by fraudulent means and unless same is prevented, well in time, this practice may erode the confidence and mutual trust between different ethnic and religious groups in the state.”

The CJP led by senior advocate Chandra Uday Singh pointed out that these laws violated citizens’ right to choose their religion and allowed the district authorities to undertake an enquiry into any conversion using the help of local police or other agencies. Further, if anybody failed to intimate, such conversion would become illegal.

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Singh said, “This matter needs to be heard at the earliest as other states are jumping into the bandwagon. Presently there are only nine states which have enacted this law, but an atmosphere is being created in other states as well by organising daily processions against love jihad (another term to describe Hindu girls converting to the Muslim faith for marriage).

Senior advocate Dushyant Dave appearing in another set of petitions which are part of the same batch of matters said the situation was getting dangerous as hospitals run by Christians are being forced to close down in the name of forced conversions. “Nearly 40 people in a hospital in Uttar Pradesh are on the run. They were catering to poor, needy people and have been asked to shut down due to alleged forced conversion,” Dave submitted.

Also Read: Dentist’s ‘abduction’: Supreme Court stays HC order on probe against Chandigarh cops

Singh further requested the Supreme Court to stay the HP Act provisions since a similar law enacted in 2006 was declared unconstitutional by the Himachal high court. To this, the bench said, “If we do so, we will be deciding on merits,” while refusing to accede to the request for a stay.

The top court assured that the matter will be taken up after three weeks and directed the remaining states to file their responses by then.

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Besides PILs filed by CJP, the Supreme Court has converted a petition filed by lawyer and Delhi Bharatiya Janata Party (BJP) leader Ashwini Kumar Upadhyay into a suo moto petition on the general issue of “religious conversion.”

In addition, the Jamiat Ulema-I-Hind has filed a transfer petition to bring similar petitions challenging conversion laws before various high courts to be heard together in the Supreme Court.

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Shah inaugurates temple in Kashmir, lauds Modi for restoring peace | Latest News India

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Union home minister Amit Shah on Wednesday virtually inaugurated the Mata Sharda Devi temple near the Line of Control (LoC) in Jammu and Kashmir’s Kupwara district, saying the abrogation of Article 370 by Prime Minister Narendra Modi is taking the Union Territory back to its old traditions, culture and the “Ganga-Jamuna Tehzeeb”.

HT Image
HT Image

“The Valley and Jammu are once again returning to their old traditions, civilization and Ganga-Jamuni Tehzeeb due to the establishment of peace in Kashmir after the abrogation of Article 370 following the efforts of Prime Minister Narendra Modi,” he said.

On August 5, 2019, the Centre abrogated Article 370 and 35(A) (special status) and bifurcated Jammu and Kashmir into two Union territories – Jammu and Kashmir and Ladakh.

Shah said the inauguration of the temple is the beginning of a new era and that the architecture and construction of this temple has been done according to mythological scriptures under the aegis of Sharda Peeth.

“The Mata Sharda Mandir is being thrown open for devotees on the auspicious occasion of our new year. This is a good omen for the devotees across the country. Mata Sharda’s blessing will now remain over the whole country for the centuries to come,” he said.

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The minister also said that the Sharda Peeth across the LoC has been a historical centre of India’s cultural, religious and educational heritage and assured to open it for devotees, on the lines of the Kartarpur Corridor to Pakistan that was opened in 2019 to enable Sikhs to offer prayers at the Gurdwara Darbar Sahib.

The Sharda Peeth lies across the LoC, in Neelam Valley, some 56 km away from Teetwal in Kupwara or 160 km from Muzaffarabad, capital of Pakistan-Occupied Kashmir. It became out of bounds for people on this side after Partition.

“Ravinder Pandita ji sought to open the Sharda Peeth pilgrimage on the lines of Kartarpur Corridor. The government will certainly work in this direction,” he said.

The Mata Sharda Devi temple was constructed following a campaign by Ravinder Pandita, president of Save Sharda Committee and a Kashmiri migrant.

On the inauguration of the temple, Pandita said: “This is a matter of happiness for all Kashmiris. The way people are enthusiastic and are celebrating, this has to be counted. This is not just a temple but heritage and Sharda civilization.”

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Modi holds review meeting on influenza, Covid cases | Latest News India

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Prime minister Narendra Modi on Wednesday chaired a high-level meeting on Covid-19 and influenza to review the country’s response and preparedness to deal with a rising number of cases of influenza and a slight increase in the number of Covid-19 cases.

Prime Minister Narendra Modi chairs a high-level meeting to review the Covid situation, in New Delhi on Wednesday. (PTI)
Prime Minister Narendra Modi chairs a high-level meeting to review the Covid situation, in New Delhi on Wednesday. (PTI)

The Prime Minister directed officials to enhance genome sequencing while also emphasising on the need to ensure people strictly adhere to Covid-appropriate behavior, according to a statement issued by the Prime Minister’s Office (PMO).

In the week ended March 22, India reported a daily average of 888 cases according to the Union health ministry, with a positivity rate of 0.98%.

The numbers are not alarming by themselves and some experts believe that more people are testing themselves because of a flu virus that is going around, and that some of them are testing positive for Covid-19. According to the latest genome sequencing data from INSACOG, the consortium of labs responsible for genome sequencing in India, the dominant strain of the SARS-CoV-2 virus doing the rounds now is XBB, which is believed to be highly infectious, but not lethal.

“Prime Minister Shri Narendra Modi today chaired a high-level meeting to assess the Covid-19 and Influenza situation in the country in terms of preparedness of health infrastructure and logistics, status of the vaccination campaign, emergence of new Covid-19 variants and Influenza types and their public health implications for the country,” read the PMO statement.

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On Wednesday India recorded 1,134 new coronavirus cases and five deaths.

Doctors are more concerned by influenza, which has laid many people low, sometimes for as long as a month, primarily because of their lower immunity following an attack of Covid-19. Flu shots are also not common in India, although doctors have been encouraging people to take an annual one.

During the meeting, the health secretary, Rajesh Bhushan, made a comprehensive presentation covering the global Covid situation .

The prime minister also reviewed the progress made since the last review meeting on December 22, 2022. He was informed that availability and prices of 20 main Covid drugs, 12 other drugs, eight buffer drugs and one influenza drug were being monitored.

The prime minister was apprised on the influenza situation in the country particularly with respect to higher number of cases of H1N1 and H3N2 being noted in last few months.

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Modi directed officials to enhance whole genome sequencing of positive samples with the designated INSACOG genome sequencing laboratories.

The prime minister emphasized the need to ensure Covid-appropriate behaviour including wearing of masks in hospital premises by both patients, health professionals, and health workers. He also stressed that wearing of masks is advisable when senior citizens and those with co-morbidities visit crowded areas.

“In my clinical practice, almost all my patients acquired infections by going to large gatherings, flights etc. where there is high potential for exposure. The susceptible population, especially elderly and immunocompromised, should avoid crowded places and take flu vaccine in time,” said Dr GC Khilnani, chairman, PSRI Institute of Pulmonary, critical care and sleep medicine.


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Barring married cadets from applying for JAG in army a reasonable restriction: Centre to Delhi high Court | Latest News India

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New Delhi: The Union government on Wednesday told the Delhi high court that confining the recruitment for the Judge Advocate General (JAG), the legal officer in the army, to unmarried men and women is a “reasonable restriction placed in public interest and the interest of national security”.

The Delhi high court posted the matter for hearing on July 17. (Archive)
The Delhi high court posted the matter for hearing on July 17. (Archive)

Explaining the rationale behind the policy barring married individuals from applying for JAG, the government in an affidavit filed before the court said the cadets have to undergo a high amount of stress and rigours of military training and the restriction on marriage before successful commission is in the interest of the candidates as well as organisation.

“Having regard to the effects of marriage, the bar of marriage is a reasonable restriction placed in public interest and national security…due to such thought of policy governing the entry of males and females in Indian Army, either men or women officers, do not require them to resign or give up their service due to marriage or marriage related natural consequences if they get married after completion of training and are granted commission,” the Centre said in its latest affidavit.

A bench of Chief Justice Satish Chandra Sharma and Justice Sachin Datta was hearing a petition by lawyer Kush Kalra, who challenged the exclusion of married individuals from applying for the post. On Wednesday, the court granted time to the petitioner to file his response to the Centre’s stand and posted the matter for hearing on July 17.

During the previous hearing in the case last year, the court had asked the Centre to file an additional affidavit detailing the rationale to exclude married men and women in JAG.

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The government in its affidavit said there is no discrimination between men and women in the army, adding that military training is compulsory for all recruits before enrolment, irrespective of the arm and service they belong to.

“In all types of entries, unmarried clause is common… in the Indian Army both males and females are treated equally and granted equal opportunity in all service conditions and benefits,” it said. “The condition of being unmarried for both male and female candidates aged between 21-27 years for grant of commission is restricted only for the period of recruitment and pre-commissioned training which involves a high amount of physical and mental stress, strain and rigours of military training.”

The affidavit further said that once unmarried lady cadets and gentlemen cadets complete their training and are granted commission, “there is no bar for getting married or its natural consequences of pregnancy etc and service benefits viz. maternity leave, child care leave, paternity leave or married accommodation etc.”

During conduct of Basic Military Training, which lasts for a minimum one year, such provisions are not possible, it said. “Since pregnancy and giving birth to a child is considered as natural right for a woman and she cannot be deprived of that, while formulating the rules such precautionary conditions have been laid down in the interest of women candidates themselves,” the Centre said in its reply.

“With regard to male officers, the answering respondents, without prejudice, respectfully submit that the rigor of training and initial years of service do not permit an officer to get married during training or to address certain requirements of married life to include situations of emergency,” it added.

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Absence of more than three weeks during training leads to the cadets losing a term and being relegated to a junior term and further absence leads to discharge, the government informed the court.

“Thus, the prohibition of marriage during training period and before successful commission is felt to be a reasonable restriction put in the interest of the candidates as well as organisation,” it added.

In the PIL, petitioner Kush Kalra, who was represented by advocate Charu Wali Khanna, has termed as “institutionalised discrimination” the restriction on married individuals from being considered for JAG.

The petition has questioned the basis for barring married individuals from joining JAG, citing that marital status is not an eligibility criterion for the “equally ranked” judiciary and civil services.

In its earlier affidavit filed in March 2019, the government said that right to marry cannot be a right to life under the Constitution and there was no discrimination on the basis of marital status of the candidates.

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JAG is the legal advisor to the chief of the army staff in matters of military, martial and international law, the plea has said. It has sought that the special army instructions of 1992 and 2017, which disentitle married women and married men, respectively, from applying for JAG be declared as void.


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