Why Rajasthan Raj Bhawan uploaded Karva Chauth greeting, not "sinister" anti-media Ordinance on its site?: PUCL

Rajasthan chief minister Vasundhara Raje

By Our Representative
In an interesting revelation, one-and-a-half months after it was promulgated, the Criminal Laws (Rajasthan Amendment) Ordinance, 2017, has not been put up for public view on the website of the state's Home or the Law Department. Worse, even the Rajasthan Raj Bhawan (Governor’s) website, last updated on the September 11, has not listed the ordinance in its list of Acts and Ordinances.
Noting this, the People's Union for Civil Liberties (PUCL), calling the Ordinance an effort to "silence the media and to prevent the judiciary from exercising its judicial function of setting the criminal law in motion", says, "Interestingly the Governor’s website has more than 24 press notes on its website after September 6, the date when the ordinance was promulgated, including greetings for Karva Chauth to the people of the state."
A PUCL statement -- signed by Prem Krishan Sharma, senior advocate and former president PUCL, Rajasthan; Radha Kant Saxena (retired IG prisons, vice-president National PUCL; and Kavita Srivastava, president, PUCL, Rajasthan -- says that even the press note on the Ordinance has not been put up on any website, which shows that "the intent was to suppress the information from the public, leave alone holding pre-legislative consultation."
Promulgated on September 6, and published on September 7, in the official gazette, PUCL says, the ordinance is a "sinister attempt of the Government of Rajasthan to abridge the fundamental right of speech and expression guaranteed under the Indian Constitution and to thwart the citizens right to access criminal justice system in cases of complaints against abuse of law by public servants."
Pointing out that this is done by introducing "two provisos to Sec. 156 (3) and Sec. 190 of the Code of Criminal Procedure and by inserting a new offence in the Indian Penal Code by way of introducing a new clause, Sec. 228-B,", PUCL says, the ordinance makes an offence termed "disclosure of identity of certain public servants", including judges and magistrates.
"The true intention is to place a ban on a judicial magistrate before whom a complaint of having committed offences is made against any public servant, from either ordering the police to investigate the complaint or, worse, from any investigation being conducted against the public servant while acting or purporting to act during discharge of the official duties", unless sanctioned by the government, PUCL says.
It adds, "The amendment brought about to sec. 190 (1) of the CrPC directing that 'no magistrate shall order investigation nor will any investigation be conducted' is a meaningless" as "the existing provision in sec. 197 already provides protection to public servants by making it mandatory for a court to take cognisance of an offence against public servant only after getting prior sanction of the government."
However, it adds, "The ominous intent in the amendment becomes clear when we notice that while sec. 197 uses the term 'cognisance' the new amendment refers to the word 'investigate'. The true and alarming intention therefore is to prevent at the very threshold, any possibility of 'investigation' being ordered by a Magistrate when clinching evidence is prima facie brought before the court."
Says PUCL, "The sinister purpose in the new amendment is exposed when we consider a new proviso, stating that no one 'shall print or publish or publicise in any manner the name, address, photographs, family details or any other particulars which may lead to disclosure of the identity of such public servants' until such time that the state government has given sanction to prosecute."
Pointing out that the ordinance introduces "a new offence, sec. 228-B of the Indian Penal Code, making it a criminal offence on the part of anyone who discloses identity of certain public servants and provides for two years imprisonment and fine, if convicted", PUCL says, "The menacing import is very clear: to silence the media and to prevent the judiciary from exercising its judicial function of setting the criminal law in motion."

Comments

'Enough evidence' in Indian tradition to support legal basis for same-sex marriage

By Iyce Malhotra, Joseph Mathai, Sandeep Chachra* The ongoing hearing in the Supreme Court on same-sex marriage provides space for much-needed conversations on issues that have hitherto remained “invisible” or engaged with patriarchal locker room humour. We must recognize that people with diverse sexualities and complex gender identities have faced discrimination, stigma and decades of oppression. Their issues have mainly remained buried in dominant social discourse, and many view them with deep insecurities.

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

Nalanda mahavihara By Our Representative Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

Victim of communal violence, Christians in Manipur want Church leadership to speak up

By Fr Cedric Prakash SJ* The first eleven days of May 2023 have, in many ways, been a defining period of Indian history! Plenty has happened in a rapid-fire stream of events. Ironically, each one of them are indicators of how crimes and the criminalisation of society has become the ‘new norm’; these include, the May Day rallies with a focus on the four labour codes which are patently against the rights of workers; the U S Commission on International Religious Freedom (USCIRF) released its Annual Report on 1 May stating that conditions for religious freedom in India “continued to worsen in 2022”; the continued protest by the Indian women wrestlers at Jantar Mantar for the expulsion of the chief of the Indian Wrestlers Federation on very serious allegations; the Elections in Karnataka on 10 May (with communalism and corruption as the mainstay); the release of the fake, derogative and insensitive film ‘The Kerala Story’; the release of World Free Press Index on 3 May which places India

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Polygamy in India "down" in 45 yrs: Muslims' from 5.7 to 2.55%, Hindus' 5.8 to 1.77%, "common" in SCs, STs

By Rajiv Shah Amidst All India Muslim Personal Law Board (AIMPLB) justifying polygamy, saying it “meets social and moral needs and the provision for it stems from concern and sympathy for women”, facts suggest the the practice is down from 5.7 per cent of Muslim families in 1961 to 2.55 per cent in 2006.

Modi govt 'wholly untrustworthy' on Covid data, censored criticism on pandemic: Lancet

By Rajiv Shah* One of the world’s most prestigious health journals, brought out from England, has sharply criticised the Narendra Modi government for being “wholly untrustworthy on Covid-19 health data”, stating, the “official government figures place deaths at more than 530 000, while WHO excess death estimates for 2020 and 2021 are near 4·7 million.”

Undermining law, breastfeeding? Businesses 'using' celebrities to promote baby food

By Rajiv Shah* A report prepared by the top child welfare NGO, Breastfeeding Promotion Network of India (BPNI), has identified as many as 15 offenders allegedly violating the Indian baby food law, the Infant Milk Substitutes Feeding Bottles, and Infant Foods (Regulation of Production, Supply and Distribution) Act 1992, and Amendment Act 2003 (IMS Act), stating, compliance with the law “seems to be dwindling by the day.”

Delhi demolitions for G-20 summit: Whither sabka saath, sabka vikas?, asks NAPM

By Our Representative Well-known civil rights network, National Alliance of People's Movements (NAPM), even as expressing solidarity with “thousands of traumatized residents of Tughlakabad and some other bastis in New Delhi whose homes have been demolished and whose lives have been ravaged both prior to as well as in the lead-up to the G-20 Summit”, has said this is in utter disregard to “their minimum well-being and gross violation of their rights.”

'Misleading' Lancet estimates on zero food intake in infants, young children of India

By Srinivas Goli, Shalem Balla, Harchand Ram* India is one of the world's hotspots for undernourished children, both in terms of prevalence and absolute numbers. Successive rounds of National Family Health Surveys ( NFHS ) have revealed that the progress observed since the early 1990s is far from what is expected when compared to the country's economic growth.

Greater reasons for Asia to unite than Europe, 'overcome' costly hostilities, political egos

By Dr S Faizi* Europe, once a theatre of internecine wars, now has a robust European Union shaping the common destiny of its people. Although Europe is only a subcontinent of Asia as Arnold Toynbee had observed and as is visible to anyone looking at a map, we still not have a common Asian platform for economic and political cooperation. It is high time Asia had its well mandated regional organisation to secure a common Asian future, ending the costly hostilities and political egos. We can have the Asian Union even when the bilateral hostilities, unique to Asia, refuse to go away completely.

Search This Blog