Runaway couples cautioned

Think twice before ‘rebellion marriage’, says High Court

Chandigarh, April 12
Cautioning runaway couples against running down established social norms while racing towards the hymenal altar, the Punjab and Haryana High Court has asked them to “think twice” before according precedence to individual interests over that of society’s.

The assertion by Justice Rameshwar Singh Malik, aimed at easing tension between interests of individuals and a group as a whole, came while dealing with nearly a dozen protection petitions filed on a single day by runaway couples.

In one of the petitions, Kirti Goyal and another petitioner had sought directions to the State of Punjab and other respondents to protect their life and liberty on the ground that they “ had tried to persuade their parents and relatives, but in vain.”

Referring to Supreme Court judgments on the right to life and liberty guaranteed under Article 21 of the Constitution, Justice Malik asserted: “It is equally important to note that freedom of the individual is not absolute, but subject to the established and time-tested social norms of a civilised society.

“Co-existence of freedom of the individual and social control is sine-qua-non (an essential element or condition) for sustainable progress of society and this is also an integral part of our Constitutional philosophy.

“Therefore, though the petitioners are entitled to protection to their life and liberty in the given facts and circumstances of the case, but at the same time, it is also expected of them and other young citizens like them that before running away from their homes for performing this type of rebellion marriage, they must think twice, besides, listening carefully to their parents who are not their enemies, but genuine well- wishera.”

Justice Malik also said: “Let us welcome the dynamic social change and evolution, but only subject to the social control and moral values which are centuries old and have not lost their shine even today ”.

Before parting with the orders in almost all the cases on the issue, Justice Malik said: “It is also made clear that this order shall not entitle the petitioners for any protection against their arrest or continuance of any criminal proceedings, if they are found involved in the commission of any cognisable offence...”

Punjab to ban mobile phones inside jails

Jail Staff to get walkie-talkie sets

Patiala, April 12
Following complaints of illegal use of mobile phones by prisoners, the Punjab Jails Department has decided to completely ban carrying of mobile phones inside the jails. As an alternative, jail officials will be provided walkie-talkie sets to ensure that even they do not carry their personal mobile phones inside the jails.

Sources said while a move of installing jammers inside the jails was still in the pipeline, officials had been briefed about banning the use of mobile phones inside the jails. "Mobile phones will be banned inside jails even for superintendents and others staff who will be provided walkie-talkie sets," they said.

An official said, "The state government's pilot project to install jammers in all jails is yet to see light of the day due to shortage of funds. However, a sum of Rs 4 crore has been earmarked for modernisation of jail equipment, including modern communication devices for jail staff".

In the recent past, over 1,000 mobile phones had been recovered from jail inmates across the state.

In a recent case, allegations were levelled against former SGPC president Bibi Jagir Kaur for allegedly using her mobile phone inside the Kapurthala Jail in violation of the Jail Manual. However, once jammers are installed and walkie-talkie sets are given to the jail staff, such violations will be checked.

The sources said many criminals lodged in jails were allegedly running their gangs from there itself. The Jail Manual stipulates that there is no proper provision to book them for using mobile phone. "Punjab DGP (Jails) Shashi Kant is keen to get funds to buy jammers to curb illegal activities of inmates," said a senior jail officer.

At present, Punjab has seven Central Jails located at Patiala, Bathinda, Ferozepur, Amritsar, Gurdaspur, Jalandhar and Ludhiana, five districts jails located at Nabha, Sangrur, Faridkot, Kapurthala and Hoshiarpur, two open-air jails located at Nabha and Kapurthala, one women's jail at Ludhiana and 10 sub-jails at Fazilka, Majha, Mukatsar, Patti, Ropar, Barnala, Malerkotla, Phagwara, Dasuya and Pathankot. Besides, there is a jail training school located at Patiala.

“We will surely implement many more jail reforms, including banning of mobile phones from inside jails soon,” said DGP (Jails) Shashi Kant.

JAMMING NETWORK

• In the recent past, over 1,000 mobile phones had been recovered from jail inmates across the state
• The government's pilot project to install jammers in all jails is yet to see light of the day due to shortage of funds
• A sum of Rs 4 crore has been earmarked for modernisation of jail equipment, including modern communication sets for jail staff.

Bill C-10 makes crossing U.S. border tougher if you have a criminal record

VANCOUVER - The recent passage of Bill C-10, the federal Safe Streets and Communities Act, has made crossing into the U.S. from Canada more difficult for anyone with a criminal record.

A solution can be provided by Commissionaires B.C., but getting a waiver won't be cheap and it could take as long as a year or more, according to Deb Barnett, supervisor of identification for the organization.

Barnett said a Canadian ``record suspension'' is most important for employment reasons. But the new crime law has extended the waiting period for that to five years from three years for less serious offences and to 10 years from five years for indictable offences.

Anyone with three indictable offences leading to prison sentences of more than two years each can't get their record wiped clean. Neither can someone convicted of sex offences against a child.

But getting a U.S. entry waiver is critical for travel to or through the U.S.

``This has some pretty major effects on people's lives,'' said Barnett.

She cited two cases of people who came directly to her office after being turned back at Vancouver International Airport.

One was heading to the U.S. to visit his dying sister in hospital. A random check revealed he had an assault on his record from a marital dispute more than 20 years in the past and he was rejected.

The other man was heading to his second home in Palm Springs, Ariz., to join family members who had travelled ahead of him. A random check of the man, who was in his 50s, turned up a marijuana possession from when he was 18.

``He had no idea they were doing this,'' said Barnett of the checks.

The Commissionaires are an independent, non-profit security organization that provides meaningful work for former Canadian Forces and RCMP members. There are other companies that also deal with the complicated process of getting what used to be called ``pardons'' but are now, since March 12, called ``record suspensions.''

Barnett pointed out that a Canadian pardon is not recognized by U.S. border guards.

That's where a U.S. entry waiver, which is granted by the Department of Homeland Security, is required. It costs $585 US, payable to U.S. Citizenship and Immigration Services.

All of this requires getting criminal record files, for which the Commissionaires charge a service fee. The fee for that is $399 but the total for the entire process averages $1,059.

Criminal records are kept in the Canadian Police Information Centre, which can be accessed by U.S. Customs. If a U.S. official has accessed that record it remains in their database even if that record is wiped out by a pardon in Canada.

That's why the entry waiver is critical.

RTE Act applies to all govt, private schools, rules Supreme Court of India

Private unaided minority institutions get exemption
New Delhi, April 12

The government got a shot in its arm today when the Supreme Court upheld the constitutional validity of the Right of Children to Free and Compulsory Education (RTE) Act (2009) and ruled that the law would apply uniformly across India to all government, local bodies and private unaided schools.

By a majority view, a three-judge Bench of Chief Justice SH Kapadia and Justices KS Radhakrishnan and Swatanter Kumar said the Act would apply to all private and minority schools, which get grants from the government. All unaided private schools are also covered under the Act with the exception of unaided private minority schools.

All schools covered by the law will now have to compulsorily reserve in Class I (or nursery at entry level) at least 25 per cent seats of the total strength of that class for children belonging to weaker sections and disadvantaged group in the neighbourhood. Top Delhi institutions, including Sanskriti, Modern School, DPS, Vasant Valley would be covered under the RTE Act.

However, missionary schools in Chandigarh like St John’s, Carmel Convent, St Anne’s and Sacred Heart which get no grants from the government, will be exempted and not have to reserve 25 per cent seats for the weaker sections.

“Missionary schools are in any case enrolling children from the Economically Weaker Sections but with the additional 25 per cent quota, they were feeling extremely burdened. The SC order is a relief,” said Alka Sarin, advocate for Chandigarh’s missionary schools.

The SC’s order came on a bunch of petitions filed by private unaided institutions which argued that the law violated their rights under Article 19(1) (g) of the Constitution which provided them the autonomy to run institutions without government interference.

Justice Radhakrishnan’s dissenting view that the law should not apply to unaided private and unaided minority institutions was overruled by Justices Kapadia and Swatanter Kumar.

The apex court said the law should be viewed as child-centric and not institution-centric. The court also ruled that the judgment would apply from today (Thursday). This means it won’t apply to admissions granted before today and post April 1, 2010 when the Act came into force. The law will thus apply prospectively.

Earlier, the SC had reserved its judgment on August 3, 2011, on petitions filed by the Society for Unaided Private Schools, Independent Schools Federation of India and others who primarily contested 25 per cent quota at entry level.

HRD Minister Kapil Sibal today thanked the apex court for upholding the interests of children before anything else. “The court has clarified a very complex issue. We welcome the court’s view that such legislations should be seen as child-specific and not institution- specific. It’s the future of children that will be secured through the law. We had always held what the SC has today ruled. Every school must now comply,” he added.

The government, however, clarified that madrassas and Vedic schools won’t be covered under the RTE Act and a Bill amending the law would be taken up in Parliament soon to exempt these institutions. “These institutions are not schools as per the definitions of the RTE Act,” Sibal said.

Schools reserving 25 pc seats will be reimbursed expenditure to the extent of per-child-expenditure incurred by the state as a whole or the actual amount charged from the child whichever is less.

Anand Marriage Act gets Cabinet approval

Sikhs will be able to register marriages under 1909 Act 
New Delhi, April 12
Sikh couples will soon be able to get their marriages registered under the Anand Marriage Act, 1909, instead of the Hindu Marriage Act, 1955.
Accepting the long-standing demand of Sikhs, the Cabinet today approved amendments to the Anand Marriage Act, 1909, to provide for registration of Sikh marriages. A Bill to this effect would be introduced in Parliament when the Budget Session resumes later this month.
The Cabinet also approved the introduction of a Bill to amend the Registration of Births and Deaths Act, 1969, to include registration of marriages as well. The move aims at utilising the existing administrative mechanism to maintain marriage records on the lines of records of births and deaths.
The amendment would allow couples to get their marriages registered independent of their religion, though the option of getting marriages registered under the Hindu Marriage Act and the Special Marriages Act would continue.
Though the Law Ministry note in respect of this amendment talked of compulsory registration of marriages, HRD Minister Kapil Sibal clarified, “Those who wish can get their marriage registered under this new law. The issue of mandatory registration will be discussed when the Bill reaches the Standing Committee .”
After Parliament passes the amendment Bill, Sikh marriage certificates won’t be issued under Section 2 of the Hindu Marriage Act (as is the case now). The Cabinet decision comes a year after the government decided to drop the proposal of amending the Anand Marriage Act and Salman Khurshid informed the Rajya Sabha of the decision.
The Tribune was the first to report the move on August 29, 2011, following which the Sikhs began fresh agitations for a demand that had once been approved by the Standing Committee on Law when Veerappa Moily was the Law Minister. But later the move fell flat.
Khurshid recently proposed religion-neutral registration of all marriages — a move which the Sikhs slammed. Former Chairperson of the National Minority Commission Tarlochan Singh wrote a protest letter to Law Minister Salman Khurshid, demanding amendment to the Anand Marriage Act and not a religion-neutral marriage registration law.
“This is the victory of Sikhs; we had fought for this right for decades,” Tarlochan Singh said today. Akali Dal’s Rajya Sabha member Naresh Gujral also welcomed the decision saying. “It’s sad that Sikhs who sacrificed so much for the country had to feel alienated over such a small demand. We thank the PM and the Cabinet as this decision reassures minorities that their interests are protected. We want to congratulate Tarlochan Singh, former MP, who spearheaded the campaign in Parliament.”
In the Cabinet, Information Minister Ambika Soni proposed that the amendment Bill be titled Anand Karaj Amendment Bill, 2012. This title is likely to be retained. So far, marriages amongst Sikhs, Hindus, Jains, Buddhists and other communities, except Muslims, Christians, Parsis and Jews, were covered under the Hindu Marriage Act.

Major step in recognizing Sikh identity
JALANDHAR: Not only has a long pending demand of the Sikh community, of recognizing their own marriage ceremony, been fulfilled with Union Cabinet's nod to Anand Marriage Act, but it has also come as a major step in addressing the issue of their search for an independent identity - which gained momentum some three decades back. 

Even as the Sikhs had their own marriage ceremony, initiated by third Sikh master Guru Amar Dass, and is centered around their holy book Guru Granth Sahib, but their marriages were registered under Hindu Marriage Act. Apart from the issue of identity, this had also been creating problems for NRI Sikhs - who are estimated to be around five million across the globe. 

"In our papers, we state our religion as Sikh but when our sons or daughters marry, they get the marriage certificate from the authority under Hindu Marriage Act. Members of our community have been facing problems due to this and would be at loss to explain this paradox even as the Sikhs don't consider themselves as part of Hindus," said Gurdarshan Singh Basra a UK-based NRI whose son recently married in Punjab. As Sikhs sought amendment in Article 25-B of the constitution - which clubs Sikhs, Jains and Budhists with Hindus - which was also a major demand of Dharm Yudh Morcha launched by Akali Dal and the demand epitomized by P S Badal tearing and burning this article in Delhi in early eighties. The demand for Anand Amarriage Act gained momentum in 2006, when Supreme court mandated registration of all marriages. The Sikhs' representative body, SGPC opposed registration under Hindu marriage Actand demanded that Anand Marriage Act be put in place. The clergy and Sikh groups then raised the demand for a separate marriage Act, after refusing to be clubbed under the Hindu Marriage Act. 

Before that National Commission for Minorities Chairman Tarlochan Singh had started pushing papers in union government in 2003 but things would not move beyond a point. "Nod for Anand Marriage Act is meeting their rightful demand and is a major step in recognizing their independent religious identity which was ordained by the Guru himself. It is heartening that it is coming on the eve of Baisakhi when 10th Sikh master Gur Gobind Singh gave final shape to the formation of Khalsa Panth- an independent religious entity," said former IAS officer and prominent Sikh intellectual Gurtej Singh who had also contributed to the authoring of Anand Marriage Act passed by Pakistan.