SC to decide on Sabrimala, Lokpal this week
FIVEJUDGE CONSTITUTION BENCH HEADED BY CHIEF JUSTICE DIPAK MISRA IS EXPECTED TO START HEARING OF THE PETITIONS IN SABRIMALA CASE
practice in Kerala’s famed Sabrimala temple of restricting entry of women aged between 10 and 50 – the menstrual age – will come under judicial scrutiny this week with the five-judge Constitution bench headed by Chief Justice Dipak Misra expected to start this week hearing of the petitions demanding lifting of the ban.
The matter will begin once hearing in the section 377 case gets over on Tuesday. Last week the CJI had indicated the bench’s intention to wrap up hearing of the petitions to declare the British-era penal law as ultra vires that treats adults of the same sex indulging in consensual sexual acts as a crime and provides for life-term jail for those who are found guilty of the act.
The question before the court in the Sabrimala case is whether the fundamental right of women to pray at the place of their choice can be discriminated against solely based “on a biological factor exclusive to female gender.”
SC will also take up another case highlighting the need to preserve a woman’s bodily integrity. CJI’s bench is likely to give finality to petitions by an advocate and womenofMuslimBohracommunity, who have called for a ban of Female Genital Mutilation, agesold religious practice. During a hearing last week the court had backed the ban after Centre said it was a crime. Justice DY Chandrachud said touching of genitals violated one’s privacy and no one should be allowed to do so in the name of religious practice. Centre will have to this week inform the SC on how much time will it take to appoint the much-delayed country’s first Lokpal, the anticorruption ombudsman. A bench led by Justice Ranjan Gogoi had on July 2 asked for the timeframe after Attorney General KK Venugopal said the Lokpal Selection Committee headed by Prime Minister would meet soon. As Venugopal referred to certain section of the letter he received, the bench said: “We would like the officer concerned to say on affidavit whatever he wants to say.”
Court will also give a decision on realty firm Japyee Infrastructure Limited’s (JIL) offer to let its parent company, Jaypee Associates Limited (JAL) complete construction of flats so that possession can be handed to buyers awaiting their houses. SC is hearing petitions against the insolvency proceedings that began against JIL.
However, after the failure of proceedings the court is exploring at options to provide relief to homebuyers. IT has already directed Jaypee to deposit ₹600 crore, which the company offered to pay in instalments by August, a suggestion the court was not ready to accept. The SC will also hear a PIL on ban of sale of firecrackers. After it stopped sale of crackers in the capital before last Diwali, the court was approached by the three toddlers to impose the ban all over the country to control rising pollution levels.
WHAT HAPPENED
Amid growing tension between New Delhi and Dhaka, then Prime Minister Manmohan Singh decided to travel to Dhaka on September 6, 2011.
The original plan was that a group of chief ministers including Banerjee will accompany Singh to Dhaka in a display of bipartisan support for Dhaka and willingness to move forward on contentious issues.
Just a few days before the proposed trip, Banerjee pulled out.
The result was a cloud of uncertainty over any discussions on the Teesta water accord.
Water being a state subject, the Centre couldn’t go ahead and conclude a deal on Teesta without getting Banerjee on board.
The two sides, however, managed to sign an extradition treaty to facilitate deportation of each other’s wanted fugitives, including United Liberation Front of Assam leader Anup Chetia.
In more recent years, the two neighbours have been able to put the Teesta logjam on the backburner and moved ahead on other issues of bilateral interest.