Bengaluru: The High Court of Karnataka has struck down a provision in the Indian Military Nursing Services Ordinance, 1943 which provided 100 per cent reservation for women in the cadre of ‘nursing officers’.

While allowing a petition filed in 2011 challenging the British-era law, the HC in its judgment on January 5, 2024 said, “The expression ‘if woman’ found in Section 6 of the Indian Military Nursing Services Ordinance, 1943 is struck down as unconstitutional.” The HC however clarified that appointments already made under the 1943 ordinance over the decades are not void.

”Such an interpretation will have far-reaching, undesirable consequences and unsettle many things that have settled long back,” it said.

The 1943 ordinance providing 100 per cent reservation was created to tide over the emergency situation of the World War II by the British Crown ruling India, the petitioners, Sanjay M Peerapur, Shivappa Maranabasari and Karnataka Nurses Association submitted before the bench of Justice Anant Ramanath Hegde.

Sanjay and Shivappa had been denied the chance to participate in the 2010 recruitment of nursing officers which they had challenged before the high court.

The 1943 ordinance was adapted under The adaptation of laws, Orders 1950 by the President after independence.

The HC however said that “The law adapted under Article 372(2) of the Constitution of India, cannot be equated with the law enacted by the Parliament under Article 33 of the Constitution of India.” The HC said that though Parliament has special powers, this ordinance was not passed by the Indian Parliament.

”Whether the ordinance, 1943 is promulgated by Parliament? The answer is ‘No’,” the HC said, adding that the provision was unconstitutional.

”This court is of the view that exclusive reservation conferred on women while recruiting ”nursing officers” under ordinance, 1943 does violate the rights guaranteed under Articles 14, 16(2), and 21 of the Constitution of India as the classification,” the judgment says.

Partly allowing the petition (while rejecting the plea that the 2010 recruitment process be quashed), the HC said, ”The underlying philosophy of reservation is to accommodate and include, but not to exclude. However, if such an accommodation which is termed as a reservation, becomes exclusive and hundred per cent, without justifiable grounds, then such exclusive reservation ceases to be a reservation in its true sense and it amounts to an exclusion which is not envisaged under the Constitution at all.”

Karnataka Deputy Chief Minister DK Shivakumar

Bengaluru: Karnataka Deputy Chief Minister DK Shivakumar, who also holds the Bengaluru City Development portfolio on Thursday during the ‘Bagilige bantu sarakara, sevege irali sahakara’ (Government at your doorsteps, let your cooperation be there for the service) event announced supply of Cauvery drinking water in the upcoming three to four months to the people residing in the city’s southern region, who are facing a lack in drinking water supply. “Discussions will be held with the officials in this regard,” He further mentioned.

Speaking during the program held at Yelachenahalli in the city, he said, “ BDA (Bangalore Development Authority) and water board officials should give priority to supplying Cauvery water for drinking to the people of this region. MP D.K. Suresh has brought attention to the government about the traffic problem and drinking water problem in this area.”

“An alternative road should be constructed to reduce the pressure on the 18 km stretch of road in M. Krishnappa’s (MLA, Bengaluru South) constituency. BDA notification for the new road project between Kanakapura Road and Electronic City was made earlier and efforts have been started to revive it,” he added.

Highlighting about people benefiting from the ‘Gruhalakshmi Yojana,’ he said, “Under the ‘Gruhalakshmi Yojana,’ 1.04 crore people are getting Rs. 2 thousand rupees every month. While BESCOM has 80 lakh connections, around 67 lakh people have registered for ‘Gruha Jyoti’ scheme. Thus 74% of the Bengaluru population have benefited from it. And for these schemes the government has allocated around Rs. 362 crore.”

Addressing concerns about old age stipends, widow’s stipends, account problems, and tax burdens in the region, he expressed the need to discuss with authorities and make the amendments to the law. “In the act implemented in 2020, the penalty is doubled. We are making discussions on how to reduce the penalty, people should be given time in this matter,” he added.

BENGALURU: Karnataka Industries Minister MB Patil said Karnataka would like to partner with Japan in achieving the aspiration of becoming a global manufacturing hub.

Talking in a meeting with the Japanese parliamentary delegation, Patil said the Karnataka government aims to position Karnataka as the premier destination for Electric Vehicle (EV) manufacturing. Members of Parliament from Japan, the Consul General in Bengaluru, and Deputy Consul General in Bengaluru were part of the delegation.

The government would come up with a new clean mobility policy, the minister said. He invited the Japanese delegation to consider investing in the sector. The focus will be on the entire value chain related to e-mobility from battery and cell manufacturing, component production, original equipment manufacturers, charging and testing infrastructure, to research and development, according to a statement issued from the minister’s office. Patil said Karnataka and Japan share many similarities including focus on major industries like auto and R&D.

nataka is home to over 525 Japanese companies, with around 70 companies having active presence in the state

NEW DELHI: The Congress on Thursday slammed the Centre for denying the state an opportunity to take part in the tableau presentation during the Republic Day parade, saying “This is the Modi mantra of vendetta and vengeance”.

Karnataka Chief Minister Siddaramaiah on Tuesday had hit out at the Centre for denying the state an opportunity to take part in the tableau presentation.

Tagging Siddaramaiah’s post, Congress general secretary Jairam Ramesh said, “This is the Modi mantra of vendetta and vengeance.”

“He has not forgotten or forgiven the severe drubbing he personally and his party got in May 2023 in the Karnataka assembly elections. He is a small man really,” Ramesh said.

According to Siddaramaiah, the proposals for tableaux included showcasing the life of Mysuru ruler Nalvadi Krishnaraja Wodeyar, Kittur Rani Chennamma who fought against the British like Rani Lakshmi Bai and Bengaluru founder Nadaprabhu Kempegowda.

“The central government has insulted the seven crore Kannadigas by denying the opportunity for the state’s tableau at the Republic Day parade to be held in New Delhi on January 26,” Siddaramaiah had said on social media platform X.

The Chief Minister had also recalled that Karnataka faced a similar situation last year as well when the state’s tableau was initially rejected but later permitted keeping Karnataka elections in mind.

“This time, the central government has again continued its trend of insulting Kannadigas,” he charged.

Several tableau proposals were sent from Karnataka, but unfortunately, the central government has rejected all these proposals, Siddaramaiah had said.

“It is unfortunate that the MPs of @BJP4Karnataka are not questioning this injustice. They have become puppets of Narendra Modi. To whom are they loyal? Kannadigas or Narendra Modi?” he had said on X.

MANDYA: RSS leader Kalladka Prabhakar Bhat on the premises of the Moodalabagilu Anjaneya Temple, while adressing the crowd said hijab-clad girl Muskan from Mandya has links with Al-Qaeda.

“Al-Qaeda has given money and support to Muskan. She has contact with the terror organisation. So, the people should be careful as terrorists will be coming to Mandya,” he said. Bhat said if Muslim girls are allowed to wear hijab, then Hindu students will wear saffron shawls to classes.

Belagavi: Leader of Opposition R Ashoka on Wednesday alleged complete deterioration of law and order situation in Karnataka, and asked whether the Congress government was “dead or alive”.

Making a preliminary submission before the Chair in the Legislative Assembly, seeking permission to move an adjournment motion on the law and order issue, he touched upon various incidents and accused the government of either inaction or failure in handling them.

“After Congress came to power in Karnataka, in the last four months, there has been an increase in cases. Is there law and order in Karnataka? Is the government dead or alive, I’m unable to understand,” Ashoka, a former Deputy Chief Minister, said.

“Under this government, 43,412 cases have been registered, about 60 dacoity, 718 burglary, 12,642 robbery, 1,349 riot cases, 6,226 causing harm related cases, 1,211 POCSO cases, 809 caste related atrocities cases, 216 rape related cases, 8,043 cyber crime, among other cases — a total of 43,412 cases have been registered, and till September-end 117 murder cases have been registered,” he alleged.

Pointing at Lawyers’ strike following alleged police assault on an advocate in Chikkamagaluru, Ashoka said after the Military, police are considered to be the next disciplined force and they never indulge in any kind of protest or strike, but in this case police too had staged a protest.

“But the government kept silent with their eyes shut and did not do anything. Even when police protested the Congress government remained silent. They did not intervene and hold negotiations,” he alleged.

Also referring to incidents with communal overtones in Shivamogga with one involving posters of Tipu Sultan, and the Home Minister terming it as a minor incident, Ashoka said, “why curfew was imposed if it was a minor incident? There were reports of those linked to the Popular Front of India behind the incident.”

He also highlighted alleged attacks on BJP and Hindu activists in Bhadravati, Belagavi, and Udupi among other several places, and also spoke about the recent incident where a woman was allegedly assaulted, paraded naked and tied to an electric pole in a village in Belagavi, which had shocked the state.

There are also reports of an incident about a Superintendent of Police’s high-handedness against protesting farmers, he said, adding, “is there no one to ask in this government? Is the government alive or dead? If alive, they should have taken action against the SP and also against the police who staged the protest.”

This government boasts of having the support of 136 MLAs, but they don’t take any action, Ashoka said, adding, the law and order situation in Karnataka has completely deteriorated; certain incidents (like parading of a women naked) taking place in Belagavi when the legislature session is under way here — “we have to bow our head in shame.”

Earlier, Home Minister G Parameshwara objected to Ashoka raising the issue under adjournment motion, pointing out that the issue of law and order cannot be taken up for discussion under the section.

Speaker Khader too stated that the law and order issue cannot be taken up for discussion under adjournment motion and he would allow the issue to be raised in some other format under a different rule.

However, Ashoka insisted that the Chair should hear his preliminary submission and then decide whether to allow discussion under adjournment motion or not. “Earlier too there have been instances where a law and order issue has been raised under adjournment motion…the chair has the right to convert the discussion under some other rule, based on my preliminary submission.”

Later, after hearing Ashoka’s preliminary submission, Speaker Khader said he will give an opportunity for discussion on the issue under some other rule in a couple of days, as law and order issues cannot be raised under adjournment motion.

Mysuru: Congress workers on Wednesday staged a protest outside the office of BJP MP Pratap Simha, on whose authorisation passes were issued to two persons who jumped into the Lok Sabha chamber from the public gallery in a major security breach.

Police force controlled the situation and ensured that it did not lead to any untoward incident.

Congress workers in large numbers gathered outside the Mysuru MP’s office at Jaladarshini Guest House and raised slogans against him and accused him of being “responsible for what unfolded in the Lok Sabha” earlier in the day.

Manoranjan D, one of the accused who hailed from Mysuru, introduced co-accused Sagar Sharma as a friend to the MP’s office and got passes issued to them on the pretext of watching the new Parliament, according to sources.

Three passes were issued at the behest of Simha for Wednesday. However, one person, a woman, had to return as she arrived with her child whose name was not mentioned in her pass, sources close to the MP said.

Bengaluru: While allowing a rape victim to terminate a pregnancy that was in the 24th week, the High Court has directed that all jurisdictional police should inform victims of the option available for termination of pregnancy so that they do not have to approach the courts at a belated stage.

The 17-year-old victim’s father had approached the HC seeking for medical termination of her pregnancy. She is subject to a crime under Section 376 (rape) of the IPC and POCSO Act.

As a result of the crime she conceived and is currently 24 weeks pregnant. The petition claimed that the victim does not want to continue with the pregnancy and sought medical termination.

Justice Suraj Govindaraj, who heard the petition in his order on December 11, said such a situation would not have arisen “if at all such a decision had been taken earlier, then there would have been no requirement for the petitioner to approach this Court.” .

It, therefore, directed the Principal Secretary, Home Department, to issue necessary directions to all jurisdictional and/ or investigating officers “to make known the availability of an option of medical termination of pregnancy, the procedure and process required to be followed for the same if the victim and/or natural guardian so desire.”.

The investigating officer should also keep ready a member or representative of the jurisdictional Child Welfare Committee or the District Child Protection Unit, the court maintained.

The HC had also directed a Medical Board consisting of a gynecologist, pediatrician and psychologist to give an opinion on the fitness of the victim in the present case to undergo medical termination of pregnancy (MTP).

The report was submitted on December 12. The HC then allowed the MTP to be carried out.

The HC ordered that after the MTP, the tissue samples of the foetus should be preserved for the purpose of DNA analysis if required or ordered by the trial court in the POCSO case.

Hassan: JD(S) leader H D Kumaraswamy on Sunday claimed that an ‘influential minister’ of the ruling Congress may join the BJP as he is desperate to wriggle out of ‘cases’ filed against him by the Centre.

The minister may quit the Congress party and join the BJP along with ’50 to 60 MLAs,’ and he is currently ‘negotiating’ with BJP brass, Kumaraswamy, a former Chief Minister claimed.

Speaking to reporters, the JD(S) leader said: ”All is not well in the Congress government. I don’t know when this government will go. An influential minister is desperate to escape from the cases against him.” Kumaraswamy said the Centre had filed cases against him with no chance of ‘escape’.

When asked to name the leader, Kumaraswamy said such an ‘audacious’ act cannot be expected from small leaders. Only ‘influential people’ can do such things, he added.

The JD(S) state president predicted that ‘something like Maharashtra’ may happen any moment in Karnataka.

”Looking at the prevailing political atmosphere, anything can happen,” he said.