Archives for August 2021

New Delhi: The four accused in the alleged rape and murder of a nine-year-old Dalit girl was remanded in the custody of the Delhi Police for three days on Monday, officials said.

The girl died under suspicious circumstances on August 1 even as her parents alleged that she was raped and forcibly cremated by a crematorium’s priest in southwest Delhi’s Old Nangal village.

The agitated locals, along with the parents of the girl, had blocked the road in the area demanding justice. However, police have cleared the stretch.

A senior police officer in the Crime Branch said they have got the four accused in their remand for three days and they will be interrogated.

Last week, Crime Branch officials visited the crematorium ground twice. The police had earlier said that based on the statement of the victim’s mother, the charge of rape was added in the FIR.

The girl lived with her parents in a rented house in front of the crematorium. Around 5.30 pm on August 1, she went to get water from a cooler at the crematorium. Around 6 pm, the crematorium’s priest Radhey Shyam and two-three others called the girl’s mother to the spot.

Showing the girl’s body to her mother, they claimed that she got electrocuted while getting water. There were burn marks between her left wrist and elbow, and her lips were also blue.

The priest and the others dissuaded her mother from making a PCR call, saying police will make a case out of it and during post-mortem, doctors will steal the girl’s organs, so it was better to cremate her.

The girl was cremated but subsequently, her parents alleged that it was done without their consent.

Guwahati: The matter of NRC applicants whose biometric details were locked during the claims and objections phase of the citizenship document update process, and thus making them unable to get their Aadhaar enrolment done has been raised by the Assam government with the appropriate authorities, the state assembly was informed on Monday.

No eligible beneficiary under Prime Minister Pradhan Mantri Gramin Awaas Yojana-Gramin (PMAY-G) scheme or the National Food Security Act (NFSA) in the state was being deprived due to the absence of their Aadhaar cards, Chief Minister Himanta Biswa Sarma said in a written reply to a query.

The biometric details of over 27 lakh NRC applicants were collected during the claims and objections phase while updating the National Register of Citizens, prior to the publishing of the document’s final draft on August 31, 2019. However, it is yet to be notified by the Registrar General of India (RGI).

This data has since been frozen pending completion of the NRC, leaving these people unable to generate their Aadhaar numbers, which has also reportedly led to problems in availing benefits under various government schemes.

Responding to a question by ruling BJP MLA Kaushik Rai, Sarma informed the House that the state government has raised the issue of a section of the people failing to get their Aadhaar number as their biometric details have been locked with the RGI and the Union home secretary.

The Supreme Court has directed that an appropriate regime be enacted for NRC data on lines similar to the security regime provided for Aadhaar data. Subsequently, the RGI has sanctioned requisite funds for it, with the NRC State Coordinator taking up the project and C-DAC the implementing agency, he added.

The reply was laid in the House in the name of the chief minister in his capacity as the home minister though he was not present.

His reply further said linking of Aadhaar details of the beneficiaries under the PMAY-G scheme is not mandatory for Assam yet.

However, there is a directive from the Ministry of Rural Development to capture and upload Aadhaar details of beneficiaries for the preparation of PMAY-G additional list (Awaas+).

In case any person is left out of Awaas+ due to non-generation of Aadhaar number, the beneficiary will be included in the eligible list once Aadhaar-like security regime for NRC data is available, according to the reply.

Similarly, all beneficiaries under NFSA are getting food grains by showing their ration cards and no one is being deprived of their monthly entitled quota due to lack of Aadhaar card, it added.

New Delhi: The National Commission for Minorities on Monday issued a notice to Delhi’s deputy commissioner of police over anti-Muslim slogans allegedly raised during a protest at the Jantar Mantar here and asked the official to apprise it of the action taken in the matter.

As directed by NCM Vice-Chairman Atif Rasheed, the panel has taken suo motu cognisance of the news in social media regarding an event organized under “Bharat Jodo Movement” which took place at Jantar Mantar, wherein anti-Muslim slogans were raised, the notice said.

“The same has hurt the sentiments of the Muslim community. You are directed to be present in the commission on 10.8.2021 at 12 noon,” it said.

The commission has asked the deputy commissioner of police to furnish information as to what action has been taken against the people who raised such slogans, whether any arrests have been made and, if so, the sections under which the accused have been booked.

The commission also asked the deputy police commissioner to apprise it on whose permission was such an event organised and what are the measures taken to prevent such incidents in future.

Also, Jamiat Ulema-e-Hind chief Maulana Mahmood Madani has written to Home Minister Amit Shah and the Delhi Police Commissioner Rakesh Asthana and demanded stern action against the guilty.

Apart from this, a delegation led by Maulana Hakeemuddin Qasmi, the General Secretary of the Jamiat, called on Jaspal Singh, the Joint Police Commissioner, New Delhi Range and Deepak Yadav, the DCP, at a makeshift camp at Jantar Mantar and handed over to them the copy of the letter.

It states that the hate-filled video was being circulated and shared by a large number of people on social media platforms. It has hurt the Muslims and peace-loving people across all communities, the letter said.

A video showing anti-Muslim slogans being raised during a protest at Jantar Mantar here is being widely circulated on social media, following which the Delhi Police registered a case in connection with the matter on Monday, officials said.

Hundreds of people had attended the protest organised by Bharat Jodo Aandolan at Jantar Mantar on Sunday.

Shipra Srivastava, the media in-charge of Bharat Jodo Aandolan, said the protest was held under the leadership of advocate and former BJP spokesperson Ashwini Upadhyay.

However, she denied any links to those who raised anti-Muslim slogans.

“The protest was held against colonial laws and demanding to abolish 222 British laws. We have seen the video, but have no idea who they are. The police should take strict action against the persons who raised the slogans,” Srivastava said.

Upadhyay too denied any involvement in the anti-Muslim slogan-shouting incident.

“I have submitted a complaint to the Delhi Police to examine the video which went viral. If the video is authentic, then strict action should be taken against the persons who were involved in it,” he said.

The video shows a group of people shouting inflammatory slogans and threatening Muslims during the protest at Jantar Mantar.

Deputy Commissioner of Police (New Delhi) Deepak Yadav said, “We have received a video and we are examining it. A case has been registered under relevant sections of the law and an investigation is in progress.” 

New Delhi: The government on Monday introduced a key Constitution amendment bill in the Lok Sabha that seeks to restore the states’ power to make their own OBC lists.

Social Justice and Empowerment Minister Virendra Kumar introduced the Constitution (127th Amendment) Bill, 2021.

In the statement of objects and reasons, Kumar said in order to adequately clarify that the states and Union territories are empowered to prepare and maintain their own lists of SEBCs (Socially and Educationally Backward Classes) and with a view to maintain the federal structure of the country, there is a need to amend Article 342A and make consequential amendments in articles 338B and 366 of the Constitution.

Most Opposition members, including those from the Congress, have supported the politically sensitive bill as it touches on the interests of the numerically-strong Other Backward Classes (OBCs).

“The government is going to introduce the Constitution amendment bill in Parliament. All leaders of various parties will support this bill and we want this bill being introduced today (Monday) to be passed immediately after a discussion on it,” Leader of Opposition in the Rajya Sabha Mallikarjun Kharge told reporters.

Opposition members, who have been in the Well of the House throughout the session to register their protest over the Pegasus snooping issue, went back to their seats when the minister introduced the bill.

Adhir Ranjan Chowdhury of the Congress, T R Baalu of the DMK and Ritesh Pandey of the BSP voiced their support to the proposed legislation even as they objected to the manner in which the government has been pushing forth with its legislative agenda amid the din.

Chowdhury said had the government listened to the Opposition members earlier, the states’ rights would have remained protected.

The ruling BJP has issued a whip to its MPs in the Rajya Sabha, asking them to ensure their presence in the House in the next two days, when the bill may be introduced and taken up for passage in the Upper House of Parliament.

The 102nd Constitution Amendment Act of 2018 inserted articles 338B, which deals with the structure, duties and powers of the National Commission for Backward Classes, and 342A that deals with the powers of the president to notify a particular caste as an SEBC and the power of Parliament to change the list. Article 366 (26C) defines SEBCs.

The Supreme Court has dismissed the Centre’s plea seeking a review of its May 5 majority verdict that held that the 102nd Constitution amendment took away the states’ power to notify SEBCs for the grant of quota in jobs and admissions.

Opposition parties had then accused the Centre of assaulting the federal structure by taking away the power of the states to identify and list the OBCs.

However, Kumar told the Rajya Sabha last month that the government is in consultation with legal experts and the Ministry of Law and examining ways to protect the power of the states in determining the state lists of OBCs.

On May 5, a five-judge Constitution bench of the Supreme Court, headed by Justice Ashok Bhushan, had unanimously set aside a Maharashtra law granting quota to Marathas and refused to refer the 1992 Mandal verdict that put a 50-per cent cap on reservation to a larger bench.

Tikait, the national spokesperson of the Bharatiya Kisan Union, made the remarks as he held a meeting with the BKU’s office-bearers from Uttar Pradesh, Uttarakhand, Haryana and Himachal Pradesh at the Ghazipur border here.

The meeting was held to formulate a strategy to intensify the farmers’ agitation in these states to press their demand for the withdrawal of the three farm laws and the guarantee for MSP, according to a BKU statement.

“If the laws are not repealed and MSP not guaranteed, we shall force the BJP (government) to quit. We will reach out to farmers and expose the BJP. A government made by farmers cannot stay in power if it is anti-farmer,” the statement in Hindi quoted Tikait as saying.

However, the influential BKU leader emphasised that the farmers are not against any political party.

“We are not against any party. We are only against any group which is opposed to the welfare of the farmers and labourers,” he added.

In his meeting, Tikait held discussions on the BKU’s press conferences scheduled for August 11 in Uttarakhand’s Dehradun and Himachal Pradesh’s Nahan, the farmer union’s media in-charge Dharmendra Malik said.

The BKU will hold an event in Haryana’s Mewat on August 26 and one in Yamuna Nagar on August 29, he said.

In September, a ‘kisan panchayat’ will be held in Muzaffarnagar, the BKU’s headquarters in western Uttar Pradesh, he added.

Hundreds of farmers are encamped at Delhi’s border points of Singhu, Tikri and Ghazipur since November 2020. They have been demanding that the Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Act, 2020; Farmers’ (Empowerment and Protection) Agreement on Price Assurance and Farm Services Act, 2020; and the Essential Commodities (Amendment) Act, 2020 be rolled back and a new law made to guarantee MSP for their crops.

The government, which has held 11 rounds of talks with the farmer leaders, has maintained the laws are pro-farmer and will usher in new technology in farming.

United Nations: Stressing on enhancing maritime security, Prime Minister Narendra Modi on Monday called for peaceful settlement of disputes as per international law and for jointly combating maritime threats posed by non-state actors as he chaired a high-level UN Security Council open debate.

Addressing the debate on “Enhancing Maritime Security – A Case for International Cooperation” via video conferencing, Modi proposed five principles for inclusive maritime security strategy, and mentioned India’s vision SAGAR’ for sustainable use of the oceans.

He also emphasised that the oceans are the world’s common heritage and sea routes are the lifeline of international trade. He also highlighted that maritime routes were being misused for terrorism and piracy.

“We need a framework for mutual cooperation in order to conserve and utilise our shared maritime heritage. Such a framework cannot be created by any country alone. It requires joint efforts by all of us, he said.

Underlining that the countries’ shared maritime heritage is facing many challenges, the Prime Minister said, “we should remove barriers for legitimate maritime trade. Global prosperity for all our nations depends on the active flow of maritime trade. Any hindrance in maritime trade can threaten the global economy.”

Noting that free maritime trade has always been part of the civilisational ethos of India, Modi said that New Delhi has put forward the vision of Sagar – security and growth for all in the region and it wanted to create an inclusive framework for maritime security in the region.

“The vision aims for a safe, secure and stable maritime domain. For free maritime trade, it is also necessary that we fully respect the rights of the seafarers of other countries, he said.

The second principle, he said, was that the settlement of maritime disputes should be peaceful and on the basis of international law.

His remarks assume significance amidst China’s maritime territorial dispute with countries in the Indo-Pacific region on the South China Sea and the East China Sea.

“This is very important for mutual trust and confidence. This is the only way we can ensure global peace and stability,” he asserted.

Modi said it was with this understanding and maturity that India resolved its maritime boundary issues with its neighbour Bangladesh.

He said the third key principle was that the global community should jointly fight maritime threats posed by natural disasters and non-state actors, and added that India has taken several steps to enhance regional cooperation to address these issues.

India has taken several steps to enhance regional cooperation on this subject, he added.

“We have provided support for hydrographic surveying and training of maritime security personnel to several countries. India’s role in the Indian Ocean has been that of a net security provider, he added.

Preserving the maritime environment and maritime resources, and encouraging responsible maritime connectivity were the fourth and fifth principles enunciated by the prime minister.

“Our Oceans directly impact our climate and hence, it is very important that we keep our maritime environment free of pollutants like plastic waste and oil spills, he said.

“I’m confident that we can develop a global roadmap for maritime security cooperation based on these five principles,” he added.

Modi is the first Indian Prime Minister to preside over a UN Security Council Open Debate, according to the Prime Minister’s Office.

The meeting was attended by several heads of state and government of member states of the United Nations Security Council (UNSC), including Russian President Vladimir Putin and US Secretary of State Antony Blinken, and high-level briefers from the UN system and key regional organisations.

The open debate was focussed on ways to effectively counter maritime crime and insecurity, and strengthen coordination in the maritime domain.

The UN Security Council has discussed and passed resolutions on different aspects of maritime security and maritime crime in the past.

However, this is the first time that maritime security was discussed in a holistic manner as an exclusive agenda item in such a high-level open debate.

New Delhi: Parliament on Monday cleared a bill to bury the ghost of retrospective taxation which had created “discontent” among foreign investors even as Finance Minister Nirmala Sitharaman assured the Rajya Sabha that the legislation does not dilute the sovereign right of India to levy taxes.

The Rajya Sabha returned The Taxation Laws (Amendment) Bill, 2021 after a brief discussion. Opposition parties, Congress, DMK and TMC had walked out of the House to protest against listing of the bill in the supplementary business circulated just hours before the House took it up.

The amendment bill, passed by the Lok Sabha last week, will enable the government to withdraw all tax demands made on companies like Cairn Energy and Vodafone using a 2012 legislation on indirect transfer of Indian assets prior to May 28, 2012.

The 2012 legislation, commonly referred to as the retrospective tax law, was enacted after the Supreme Court in January that year rejected proceedings brought by tax authorities against Vodafone International Holdings BV for its failure to deduct withholding tax from USD 11.1 billion paid to Hutchison Telecommunications in 2007 for buying out its 67 per cent stake in a wholly-owned Cayman Island incorporated subsidiary that indirectly held interests in Vodafone India Ltd.

The Finance Act 2012, which amended various provisions of the Income Tax Act, 1961 with retrospective effect, contained provisions intended to tax any gain on transfer of shares in a non-Indian company, which derives substantial value from underlying Indian assets, such as Vodafone’s transaction with Hutchison in 2007 or the internal reorganisation of the India business that Cairn Energy did in 2006-07 before listing it on local bourses.

Using that law, tax authorities in January 2013 slapped Vodafone with a tax demand of Rs 14,200 crore, including principal tax of Rs 7,990 crore and interest. This was in February 2016 updated to Rs 22,100 crore plus interest.

Replying on the debate, Finance Minister Nirmala Sitharaman said, “This (bill) is appealing enough and putting an end to this ghost which we have been carrying all these while from 2012.”

She stressed that the government has a right to tax, “but to apply it in retrospective has created a lot of discontentment”.

“I seek support of the House to make India look very clear, transparent and fair taxation land. …this whole thing about retrospective amendment bill, which was brought in, since then we were bearing the negativity of this all over the world.”

The minister also told the House the bill provides for no payment of interest on refunds made under this and the parties seeking relief would not pursue further appeals or litigation in these cases.

Seeking support of the House for the legislation, Sitharaman assured the Rajya Sabha: “We continue to have the sovereign right intact. That is not getting diluted. This is just a right decision which had to be taken years ago”. The minister said the government waited for the decision of arbitrations before bringing in the amendment.

She further stressed that any correction in retrospective taxation “should be through Indian laws and not through any of the court outside”.

While introducing the bill in the Rajya Sabha, Sitharaman also took a jibe on the Congress party saying it takes different positions in Parliament and outside on the same issue.

While there was no substantial amount involved in the Vodafone case, in the case of Cairn Energy, the tribunal had asked the Indian government to return the value of the shares it had seized and sold, tax refund withheld and dividend confiscated to enforce the retrospective tax demand.

With the government refusing to honour the award, Cairn Energy Plc moved a court in the US to seize assets of Air India. It got an order from a French court to freeze 20 Indian properties in Paris to recover USD 1.2 billion-plus interest and penalties.

The move clubbed India with nations such as Pakistan and Venezuela that have faced similar actions by entities seeking enforcement of awards.

Finance Secretary T V Somanathan said a total of Rs 8,100 crore was collected using the retrospective tax legislation. Of this, Rs 7,900 crore was from Cairn Energy alone. This money will be repaid.

As much as Rs 1.10 lakh crore in retro taxes was sought from 17 entities that were levied taxes using the 2012 legislation. Of these, major recoveries were made only from Cairn.