Professional & Knowledgable Law Team

Monday, November 21, 2011

Sikhs can carry kirpans to London Olympics

SIKHS worldwide have been reassured that they will be allowed to take their kirpans into London’s Olympics venues next summer.
Carrying kirpans has been a controversial security issue, but an Olympics official said over the week-end that a multi-faith policy was in operation and that the aim was to make the Games as widely accessible as possible.
In a concession to security concerns, other officials say Sikhs who wished to carry their kirpans to various sporting sites might also have to prove they were fully observant by displaying the remaining four “Ks” of their faith, “kara”, “kesh”, “kanga” and “kachchaira”.
The issue of the kirpan was first raised last March by the UK-based Sikh Federation which contacted Lord Coe, the head of the London Organising Committee for the Olympic Games, inviting him to speak to members.
In his response, Lord Coe said, “Thank you for your letter and kind invitation to speak to the Sikh community. I am grateful for the invitation and I would love to be able to help, but sadly I have immovable London 2012 commitments on Tuesday March 22.
“However, on the issue of kirpan, we have been very clear. At Games-time, small symbolic ceremonial daggers (an article of faith with a maximum blade length of 3 inches) carried for religious reasons will be allowed. We have worked closely with the Sikh Community and the Metropolitan Police on our plans in this area, and published this statement on our website and I would appreciate your help in communicating this to your federation.
“The Sikh community has played a major role from the outset of the bid to host the London 2012 Olympics and Paralympic Games in London. For three years now, LOCOG has worked closely with the Sikh community representatives on our Faith Reference Group, our forum to discuss and agree our approach to faith-related issues.
“I look forward to that group continuing its work over the next 18 months.” Lord Coe’s comment at the time was seen as an informal acknowledgement of the Sikh community’s active role in lobbying for London rather than Paris to be chosen as the site for the 2012 Olympics. The Sikhs rejected Paris because of the French Government’s policy to ban the carrying of religious symbols in public places.
In a further concession to Sikh visitors and participants, the London Olympics organisers are understood to have agreed that the length of the kirpan blade is irrelevant, so long as the sheath is no longer than six inches.
A spokesman for the London Organising Committee of the Olympic Games and Paralympic Games (LOCOG) told The Tribune, “It has been agreed that the kirpan can be brought in by spectators, athletes and workforce alike as long as the length of the sheath (not including the hilt) is no longer than 6 inches.
“The policy has been set by the LOCOG security team, which liaised with wider stakeholders, and is part of our multi-faith approach. The kirpan will be presented at security, but it will not be unsheathed. Wearing the kirpan alongside other articles of faith is both an everyday occurrence for the Sikhs and an important part of observing their faith.”
Asked if Muslim women athletes would be allowed to wear the hijab during the Games, the spokesman responded, “Spectators and athletes are allowed to wear hijabs in the Olympic Park and 2012 venues. The issue of athletes being allowed to wear hijabs when competing is a matter for the respective international sporting federations.”

MATTER OF FAITH
  • The sheath shouldn’t be longer than 6 inches
  • The person carrying the “kirpan” will have to display the remaining 4 “Ks” of his faith, namely “kara”, “kesh”, “kanga” and “kachchaira”
  • The kirpan will be presented at security, but it will not be unsheathed.

UP Assembly passes resolution to divide state into four parts

LUCKNOW: The Uttar Pradesh Assembly on Monday passed a resolution seeking to divide the state into four parts. The resolution was passed with a voice vote. The UP Assembly was adjourned sine die immediately after the passage of the resolution, seeking to divide the sate. Earlier in the day, the Assembly was adjourned for an hour amid uproar created by SP, BJP and Congress MLAs over no-confidence motion and resolution on the division of UP. Contrary to constitutional norms, Chief minister Mayawati was not present at the start of the session. 

Ishrat Jahan encounter was fake, SIT tells Gujarat HC

AHMEDABAD: In a setback to the Narender Modi government, the Special Investigation Team (SIT) probing the 2004 Ishrat Jahan case has concluded that the college girl was killed in a fake encounter, prompting the Gujarat High Court to order a fresh FIR against accused policemen in the case.
The SIT in its report said Ishrat and three others were killed prior to the encounter date of June 15, 2004.
A division bench of Justice Jayant Patel and Justice Abhilasha Kumari ordered that a separate FIR under Section 302 (punishment for murder) should be filed in the police station concerned against those police officers who were involved in the shootout.
The SIT had submitted its final report in the High Court regarding their findings on the encounter on November 18.
The court is at present considering which central agency—the CBI or the NIA—can probe the case after the second FIR will be filed and it has sought suggestions from the petitioners and the state government.
The court said, "The probe agency would need to find out who played the key role in the encounter, what was the motive and what was the actual time of the death of the four people".
The SIT team, which investigated the case, is headed by R.R. Verma, while the other two members of the team are IPS officer, Mohan Jha and Satish Verma.
Ishrat, a 19-year-old college girl, along with Javed Sheikh, alias Pranesh Pillai, Amjad Ali Rana and Zeeshan Johar, was killed in a shootout by Ahmedabad Crime Branch on June 15, 2004.
Crime Branch had then claimed the four were LeT members and were on a mission to kill Chief Minister Modi.

All gram sabha meetings to be videographed

New Delhi, November 20
For the first time in the history of panchayati raj in India, the government is planning to bring statutory provisions to mandate videography of gram sabha meetings and scheduling of these meetings at predetermined dates, to be communicated to villagers in advance.
The Ministry of Panchayati Raj in seeking legal advice to see how these provisions can be brought into the statute and made mandatory for states to implement. The government said it could also go for a constitutional amendment to realise these goals.
“We are finding ways to make it mandatory for states to have gram sabha meetings at predetermined dates and videograph such meetings. We have received several complaints regarding contrived resolutions being passed in gram sabhas with respect to land related issues and diversion of land from forest to non forest use. We must end corruption at that level as gram sabhas are the foundations of our panchayati system,” Kishore Chandra Deo, Panchayati Raj Minister told The Tribune in a exclusive interview.
He said the government could go in for changes to the 73rd Constitutional Amendment if required. “We will see if we need a constitutional amendment or whether we can mandate these provisions through rules under the existing statutes,” Deo said.
Another major move in the pipeline is an amendment to the Panchayat Extension to the Scheduled Areas Act (PESA), 1996 wherein gram sabhas simply need to be consulted in respect of diversion of forest land for non-forest use and other critical issues.
“Mere consultation won’t ensure justice. We will amend PESA to make it mandatory for states and interested private parties to seek the consent of gram sabhas for such diversion. We have also noticed that for matters, especially land related matters under PESA, most states are treating village as the unit whereas that’s not legal. We will clarify under the Act that every state, for all purposes under PESA, must treat gram sabhas and not villages as the principal unit. When village is treated as the unit, a vast section of stakeholders automatically get excluded from discussions,” the minister said.
Regarding the need to fix dates for gram sabha meetings, Deo said, “We will mandate meetings of gram sabhas once in every quarter. Right now these meetings take place twice a year.
The need to fix dates can’t be overstated. In areas with difficult terrains, especially scheduled areas, communication is a huge challenge. Most people can’t attend meetings because they don’t know when the meeting is held. We will make statutory provisions and ask state governments to fix dates and days for gram sabha meetings and announce these before hand to ensure villagers’ participation. For instance, they can choose the first Sunday of every month for a meeting,” Deo explained.
He justified the government’s proposal to video record gram sabha meetings. “We need to know what goes on. We have encountered several instances of gram sabha resolutions being contrived against the will of villagers. That has to end. Rights of villagers especially those in tribal scheduled areas have to be protected,” Deo said.

SAVING FROM EXPLOITATION
  • PESA Act seeks to preserve the tribal population from exploitation with active involvement of the Gram Sabha.
  • Under the Constitution, Gram Sabha is to be involved in approval of development plans, land availability and rehabilitation of displaced persons. It has control of land, forest and water.