Supreme Court | CHINDIA ALERT: You'll be living in their world, very soon

11/12/2013

BBC News – India top court reinstates gay sex ban

India\’s top court has upheld a law which criminalises gay sex, in a ruling seen as a major blow to gay rights.

The Supreme Court ruling reverses a landmark 2009 Delhi High Court order which had decriminalised homosexual acts.

The court said it was up to parliament to legislate on the issue.

According to Section 377, a 153-year-old colonial-era law, a same-sex relationship is an \”unnatural offence\” and punishable by a 10-year jail term.

Several political, social and religious groups had petitioned the Supreme Court to have the law reinstated in the wake of the 2009 court ruling.

Correspondents say although the law has rarely – if ever – been used to prosecute anyone for consensual sex, it has often been used by the police to harass homosexuals.

Also, in deeply conservative India, homosexuality is a taboo and many people still regard same-sex relationships as illegitimate.

The BBC\’s Sanjoy Majumder in Delhi says some politicians have spoken out against the court decision – but many believe it is going to be difficult for them to take on the anti-gay lobby.

via BBC News – India top court reinstates gay sex ban.

Posted in India alert, Social & cultural | 1 Comment »

Tags: Delhi, Delhi High Court, Homosexuality, India, Same-sex relationship, Section 377 of the Indian Penal Code, Supreme Court

04/12/2013

Indian Army recruitment done on caste, region, religion lines, SC told – The Hindu

Grouping of people from a particular region in an Army regiment is unconstitutional and amounts to discrimination on caste, region and religion basis, a petitioner challenging the recruitment policy told the Supreme Court.

In an affidavit filed in the apex court countering the assertion of the Army which had justified the policy for administrative convenience and operational requirements, the petitioner pleaded that such policy should be dismantled as it is also not followed by Indian Navy and Air Force.

Earlier, the Army told the Supreme Court that it does not recruit on the basis of caste, region and religion but justified grouping of people coming from a region in a regiment for administrative convenience and operational requirements.

Countering the stand taken by the Army, the petitioner, I.S. Yadav, a doctor from Rewari in Haryana, said, “The respondent (Army) has justified the recruitment in Indian Navy and Air Force which is not based on caste/region and religion basis because of the operational requirements of these forces. But in the same breath, it justifies the caste/region/religion-based recruitment giving the same excuse of operational and administrative requirements.

via Army recruitment done on caste, region, religion lines, SC told – The Hindu.

Posted in Defence, Discrimination, Illegal practices, India alert, Military, Politics | Leave a Comment »

Tags: army, Haryana, Hindu, indian navy, operational requirements, Petitioner, recruitment policy, Supreme Court, the Army, the Supreme Court

21/11/2013

China Supreme Court rules out confession through torture | Reuters

Using torture to extract confessions must be eliminated, China\’s Supreme People\’s Court said on Thursday, singling out a widespread practice that has long attracted international condemnation.

Policemen guard the entrance outside Shandong Province Supreme People's Court in Jinan, Shandong province, October 25, 2013. REUTERS/Aly Song

\”Inquisition by torture used to extract a confession, as well as the use of cold, hunger, drying, scorching, fatigue and other illegal methods to obtain confessions from the accused must be eliminated,\” the Supreme Court said in a statement posted on its official microblog account.

The Supreme People\’s Court also introduced more stringent rules for death penalty cases, saying adequate evidence must be furnished and that only experienced judges should handle capital punishment trials.

China\’s government said last week it would work to reduce the number of crimes subject to the death penalty.

via China Supreme Court rules out confession through torture | Reuters.

Posted in China alert, Good news, Interrogation, Politics, Reform, Rule of law | Leave a Comment »

Tags: capital punishment, China, China Supreme Court, Supreme Court, Supreme People's Court of the People's Republic of China, Torture

03/10/2013

India corruption: Laloo Prasad Yadav jailed for five years – BBC News

Former Indian railways minister Laloo Prasad Yadav has been sentenced to five years in prison in a notorious case known as the “fodder scam“.

Laloo Prasad Yadav (C) arrives in court in the eastern Indian city of Ranchi on September 30, 2013

He was jailed on Monday after being found guilty of embezzling state funds intended to buy food for cattle while he was Bihar state chief minister.

He has always denied the allegations. His family has said he will appeal.

The sentencing is seen as a landmark step in tackling corruption in India where it is a major national issue.

Yadav now becomes one of the first politicians to lose his parliamentary seat after a recent Supreme Court ruling which bans convicted legislators from holding office.

On Wednesday, the government withdrew a controversial order which would have overturned the Supreme Court ruling and allowed

via BBC News – India corruption: Laloo Prasad Yadav jailed for five years.

Posted in corruption, Good news, India alert | Leave a Comment »

Tags: Bihar, Fodder Scam, India, Indian Railways, Laloo Prasad Yadav, Lalu Prasad Yadav, notorious case, Prison, Supreme Court

25/09/2013

BJP flays ordinance on convicted Indian MPs

The Hindu: “The Bharatiya Janata Party on Wednesday said the government’s decision to promulgate an ordinance on convicted MPs is an attempt to make “cheats, frauds, murderers” and the likes as lawmakers.

Rajiv Pratap Rudy

“BJP is shocked at this Ordinance. We would like to know whose great idea it is — is it Prime Minister Manmohan Singh or Rahul Gandhi or is it UPA Chairperson Sonia Gandhi,” party general secretary Rajiv Pratap Rudy said.

“Who was eager to promulgate an Ordinance to make frauds, cheats, rapists and murderers as our MPs and MLAs?” he said.

Mr. Rudy hailed the Supreme Court verdict on the issue, saying the apex court had in a “historic judgement” said that an MP or an MLA would stand disqualified immediately if convicted by a court for crimes with punishment of two years or more.

The Ordinance, which was cleared by the Cabinet on Tuesday, seeks to negate this order and BJP has opposed this move.

“We Indians have already lost faith in the political system and very soon the country will trash this democracy for good, thanks to this Congress government,” Mr. Rudy said.

His observations came a day after Leader of the Opposition in Lok Sabha Sushma Swaraj termed the Ordinance as unconstitutional and requested the President not to give his assent to it.

“We are opposed to it. We request the President not to sign it. President is not obliged to sign an Ordinance that is unconstitutional,” Ms. Swaraj had said on Twitter.”

via BJP flays ordinance on convicted MPs – The Hindu.

Posted in India alert, Politics | Leave a Comment »

Tags: Bharatiya Janata Party, Government, Human rights, manmohan singh, Member of Parliament, Member of the Legislative Assembly, politics, Supreme Court, Sushma Swaraj

06/05/2013

* Indian Supreme Court gives nod to Kudankulam nuclear plant, says it is safe

Thank goodness. India needs all the power it can generate.

Times of India: “In a relief for the Centre and the Tamil Nadu government, the Supreme Court on Monday approved the commissioning of the controversial Kudankulam nuclear plant.

English: Construction site of the Koodankulam Nuclear Power Plant Deutsch: Baustelle des Kernkraftwerks Kudankulam (Photo credit: Wikipedia)

Kudankulam plant is safe and secure and it is necessary for larger public interest and economic growth of the country, the SC said.

“Nuclear power plants are needed in the country for the present and future generations,” observed the apex bench.

The apex court said that the Kudankulam N-plant has been set up by the government for the welfare of the people.

A bench of justices K S Radhakrishnan and Dipak Misra, which had reserved the verdict following marathon arguments in the last three months, delivered the judgement.

A batch of petitions was filed by anti-nuclear activists challenging the project on the ground that safety measures recommended for the plant by an expert body have not been put in place.

They also raised various questions pertaining to the disposal of nuclear waste, the plant’s impact on the environment and the safety of people living nearby, besides other issues linked to the controversial plant.

The Centre, Tamil Nadu government and Nuclear Power Corporation of India Ltd, which operates the plant, had refuted all the allegations on safety and security aspects.

They had submitted that the plant is completely safe and can withstand any kind of natural disaster and external terrorist attack.”

via SC gives nod to Kudankulam nuclear plant, says it is safe – The Times of India.

Posted in Construction, Economics, Electricity, energy, Good news, greenhouse gas, India alert, Infrastructure | Leave a Comment »

Tags: environment, India, Koodankulam, Kudankulam, Nuclear Power Corporation of India, nuclear power plant, politics, science, Supreme Court, Tamil Nadu government

15/09/2012

* Coalgate: Supreme Court issues notice to Centre over coal block allocations

The Times of India: “The Supreme Court has issued notice to the Centre on coal block allocations and has asked the govt what action it proposes to take against illegal allotments and those allottees who breached the contract.

The apex court has asked the coal secretary to file affidavit answering 6 questions on a PIL seeking cancellation of all 194 coal mine blocks under controversy.

The apex court’s posers to the government includes —

Why competitive bidding process was not followed for allocation of coal blocks?

What were the guidelines for allocation of coal blocks and whether there was any deviation during actual allocation?

Why so many politicians and their relatives figure among the alleged irregular allottees?

Whether the guidelines for allocation overlooked the safety mechanism to render the allotments as largesse in favour of private parties?

Whether govt’s objective in coal block allocation has been achieved through the present mode of allocation, which was faulted by the CAG?

The apex court has asked the coal secretary to file a response in 8 weeks.

Turning down the Centre’s plea that the court should not go into the issue as it is being looked into by a Parliamentary committee, the apex court said “these are different exercises.”

A bench of justices R M Lodha and A R Dave said the petition raised serious questions and “it requires explanation from the government”.”

via Coalgate: Supreme Court issues notice to Centre over coal block allocations – The Times of India.

Posted in corruption, Economics, Illegal practices, India alert, Inequalities, Justice, Nepotism, Politics, Rule of law | Leave a Comment »

Tags: Coal, Government, India, politics, Public Interest Litigation, Supreme Court

03/09/2012

* India’s top court allows some iron ore mining to resume

BBC News: “India’s Supreme Court has partially lifted its 16-month-old ban on iron ore mining, allowing some mines to resume work in southern Karnataka state.

Iron ore mining in Goa

Companies which had “not violated their lease conditions” could resume mining, the court ruled on Monday.

The ban was imposed last year in Bellary, Chitradurga and Tumkur districts over environmental concerns.

The order will open up about 5 million tonnes a year of production again, reports say.

India is the third largest producer of iron ore in the world and Karnataka, which produces about 45 million tonnes of iron ore per year, is India’s second largest supplier.

But mining in the state has been under the spotlight for some time with reports of illegal mining and has become a hot political issue.

The Supreme Court order follows recommendations of the court-appointed Central Empowered Committee (CEC).

In a report in February, the CEC recommended that licences of as many as 49 iron ore miners in Karnataka should be cancelled.

It said 72 other miners should be fined for operating mining pits and burden dumps outside sanctioned areas.

“The extent and level of unauthorised, unregulated, environmentally unsustainable and illegal mining in its various facets has no other parallel in the country,” the CEC said it is report.

Last year, BS Yeddyurappa, the then chief minister of Karnataka, resigned after an anti-corruption panel indicted him in a mining scandal. Mr Yeddyurappa denies the allegation.”

via BBC News – India’s top court allows some iron ore mining to resume.

India’s Supreme Court raps Karnataka for illegal iron ore export‎ (mining.com)
First Karnataka iron ore mine restarts, but export ban stays (mining.com)

Posted in Economics, Illegal practices, India alert, Law enforcement, Politics, Rule of law | Leave a Comment »

Tags: India, Iron ore, Karnataka, Supreme Court

02/04/2012

* Trade Groups: Foreign Firms Giving Up on India

Wall Street Journal: “A group of international trade and industry associations claiming to represent some 250,000 companies have written to Prime Minister Manmohan Singh strongly criticizing the proposal, tucked away in the budget, to tax transactions potentially as far back as 1962.

“This is now prompting a widespread reconsideration of the costs and benefits of investing in India,” the letter said, adding that confidence in doing business here has been undermined. Hello China, Brazil, and Indonesia in other words.

The controversial proposal, which would impose tax on the exchange of an Indian asset by two companies outside India, already has sparked howls of protest among foreign companies. It would reverse a recent Supreme Court ruling on the issue in favor of Vodafone Group PLC of the U.K. and be retroactive in its impact. It would potentially affect hundreds of corporate acquisitions. Many foreign companies say they now feel singled out for financial punishment as the government seeks to narrow its troublingly high fiscal deficit.”

via Trade Groups: Foreign Firms Giving Up on India – India Real Time – WSJ.

It seems that India has acquired the habit of shooting itself in the foot now and then. This is one of these occasions.

India Foreign Trade Data (February 2012) (awardz.wordpress.com)

Posted in China alert, Economics | Leave a Comment »

Tags: Chindia, Chindiapedia, India, manmohan singh, Supreme Court, WSJ

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