Chennai: Transwoman nurse Rakshika Raj gets justice

DECCAN CHRONICLE. | YAMUNA R

Published  Oct 18, 2019, 1:33 am IST

Court intervention helps her to realise her dream of becoming a nurse.

Rakshika Raj with her advocate Madhusruthi Neelakantan near the court on Thursday.

Chennai: Rakshika Raj, the transwoman nurse recently in the news for exposing the non-implementation of the Supreme Court's historic 2014 judgment in support of transgenders in the state has finally received justice, at least for the time being.

Rakshika who received a nursing degree last year has been jobless for the past one year, due to government's failure to pass a GO to implement the Supreme Court's judgment. In 2014, the Supreme Court had ruled that transgenders are eligible to all rights as every other citizen of the country and can apply for education and employment under the 'other' gender category.

In an earlier interview to Deccan Chronicle, she had said "The Tamil Nadu Nurses and Midwives Council (TNNMC) does not have a separate box for transgenders. When I approached the council's registrar regarding the matter, they asked me to tick the female box. But I don't identify myself as a female. All my documents have been changed to identify myself as a transgender which I am extremely proud of. Identifying as another gender is forgery.”She subsequently filed a writ petition against state government.

With the court ruling in her favour on Thursday, she can heave a sigh of relief, she says. The court has now ordered the TNNMC to include a separate column under the female and male category for ‘transgender women’and ‘transgender men’ in the state temporarily. Notably, state government is yet to make amendments to the existing service laws, after which a separate column for the ‘other’ gender will be a permanent feature in all application forms. The feature is expected to come into effect within the next six months after which Rakshika will be enrolled under the ‘other’ gender category. She will also be given seniority preference when the feature is introduced. By this, Rakshika is all set to become the first transgender nurse in the nation.

However, the road to justice has not been an easy one for Rakshika .” The past year has been extremely difficult. Despite having all the necessary qualifications and eligibility, I have been forced to beg. I hold government responsible for this.” The harrowing ordeal also left her contemplating suicide at many times, she reflects. “In addition to my financial woes, I was subjected to a lot of mental harassment. I just wanted to give up at a point,” she adds.

Despite the ‘positive’ ruling, she doesn’t consider this a success. She says that there are several other transgenders who continue to suffer due to government’s failure to implement the act and real success for her is when every person from her community gets justice.” It has been five years since the SC judgement and yet no state has implemented the order, to my knowledge,” she accuses. “As a community, we face discrimination in almost every walk of life. We are being pushed to fight even for basic rights,” she adds.

Rakshika also calls for horizontal reservation for the transgender community in all sectors. “Most transgenders discontinue education or do not perform well in education when compared to others because of the bullying we are subjected to. Introducing ‘horizontal reservation’ for transgender men and women will improve our chances and positively impact our community as a whole,” she asserts.

Negotiable Instruments Act cannot be invoked for declaring holiday: HC

Justice S M Subramaniam passed the order while allowing the writ petition filed by a private company Bimetal Bearings Limited in Perandapalli village in Krishnagiri district.

Published: 19th October 2019 02:01 AM |

By Siva Sekaran

Express News Service

CHENNAI: In a significant judgment having far reaching consequences, the Madras High Court has reiterated its earlier ruling that the provisions of the Negotiable Instruments Act cannot be invoked by the government to declare holidays for factories and industries for the death of national leaders.

Even though former Indian President APJ Abdul Kalam was said to have expressed his wish to the government not to declare a holiday on his death, instead to work an extra day if the people loved him, as a mark of respect to the death of Kalam, who died on July 27, 2015, the state government issued a GO on July 28 announcing that July 30 would be a public holiday for all educational Institutions and government/private establishments under the Negotiable Instruments Act.

And the management of many industries, including Bimetal Bearings Limited in Perandapalli village in Krishnagiri district, had declared holiday to the workers on July 30, subject to the condition that the
second and third shift workers should work on August 2, 2015. However, the workers availed the holiday on July 30, but did not turn up for duty on August 2. The Bimetal management announced the wage cut under the `no work no pay' policy. The workers union moved the Labour Court in Salem, which on November 14, 2017, quashed the wage cut order of the management. Hence, the present appeal against the labour court order.

Allowing the petition, Justice S M Subramaniam said that the GO is inapplicable to private companies, which are all otherwise governed by the provisions of the Factories Act. The petitioner management even on July 30, 2015 had orally informed to the union men that that they would be able to declare a holiday only for the general shift and first shift as a mark of respect to the former President Abdul Kalam.

As far as the workers of the second shift and third shift concerned, an alternate suggestion and a concession was provided for in the event of agreeing to work on August 2, the Management was prepared to declare holiday for second shift and third shift on July 30. "Considering the facts and the circumstances, this court is of the considered opinion that declaring a holiday by the government under the Negotiable Instruments Act, would not be directly applicable to private companies falling under the Factories Act.

Thus, it is to be construed that the management granted a concession for the workers of the second shift and third shift, enabling them to avail holiday on July 30, provided they agree to work on August 2. It is only an alternate concession provided to the workmen of the second shift and third shift. Such a concession can never be construed as a legal right, so as to arrive a conclusion that the workers of the second shift and third shift are entitled for a holiday as per the GO, which was issued under the Negotiable Instruments Act. So also the said concession would not form a pre-existing right for the purpose of filing a claim petition under Section 33-C(2) of the Industrial Disputes Act, 1947," the judge said.

A concession is a form of “privilege”. A concession is nothing but a conditional right. A “privilege” or a “concessional right” cannot be interpreted as an absolute right, which alone would constitute a right  to file a claim petition under Section 33-C(2) of the Industrial Disputes Act, 1947. The term “right” in Civil Society is defined to mean that “which a person is entitled to have or to do or to receive from others, within the limits prescribed by law”. Thus, such a concession or conditional right offered cannot be construed as an absolute right for the purpose of claiming a pre-existing right, enabling the workers to file the claim petition under Section 33-C(2) of the Industrial Disputes Act, 1947, the judge added and quashed the Labour Court award dated November 14, 2017.

I-T raids find unaccounted cash, gold at Kalki group

Head of movement must clarify: MLA

19/10/2019, SPECIAL CORRESPONDENT,TIRUPATI

The series of raids conducted by the Income Tax Department on the Oneness group, having centres in Chennai, Bengaluru and Varadaiahpalem in Chittoor district of Andhra Pradesh, revealed “suppression of receipts” and non-accounting of cash collection for buying properties over and above their documented value.

A preliminary estimate of such unaccounted cash receipts is said to be ₹409 crore from the financial year 2014-15 onwards alone.

The department also stumbled upon huge sums in foreign currencies worth about $2.5 million (₹18 crore in Indian currency), apart from undisclosed gold weighing 88 kg (worth ₹26 crore) and 1,271 carats of undisclosed diamonds (₹5 crore), which were also seized. Meanwhile, vice-president of the group Lokeshji acknowledged the conduct of raids at the Ekam Oneness and One Humanity Care Centres in Varadaiahpalem, but denied arrest of any persons or seizure of cash or any documents.

“The full details of the raids are yet to be revealed,” he said in a release.

The raids started on Wednesday morning and continued till Friday evening.

‘Major scam’

Meanwhile, K. Adimoolam, MLA of the Satyavedu constituency under which Varadaiahpalem mandal falls, demanded that Kalki, head of the movement, come forward and throw light on the controversy.

Mr. Adimoolam said he had a right to demand a full-fledged probe into what he termed “a major scam.”

Focus on improving academic quality: V-C

19/10/2019, SPECIAL CORRESPONDENT,COIMBATORE

Improving the academic quality of Bharathiar University so that its ranking went up, would be the priority for its new Vice-Chancellor P. Kaliraj.

Addressing journalists here on Friday, he said: “my focus will be on improving the quality of teaching, facilitating faculty development through programmes, encouraging research, collaborating with other institutions among others so that the ranking of the university improves in the State, country and world.”

To improve the quality of teaching, the university would establish a mentor system by roping in retired faculty who were experts in their disciplines, and professionals from industry so that they mentored students and also helped faculty stay updated.

He would also want the faculty to keep tab on the latest development in their disciplines.

“The faculty can no longer rely on notes they have prepared years ago to teach students.”

As for collaboration with other institutions, the Vice-Chancellor said the faculty within a department should collaborate with one another, departments within the university should work together and universities should come together to take up research. This would not only result in knowledge sharing but also tap funds for projects and cited instances from his work in Anna University to underscore his point.

In doing so, the university would also take along private, self-financing colleges. The 180-odd strong private, affiliated colleges were more in number than the 36 university departments. The university’s door was open for them. The colleges’ faculty could use their expertise and the university would throw open its infrastructure. “Their (faculty’s) knowledge and our (University) infrastructure will be complement one another.”

Mr. Kaliraj said he wanted to take the university on this path and would help it tap more funds and pointed out that while other universities could tap up to ₹150 crore under the Government of India’s RUSA programme, Bharathiar University could get only ₹80 crore.

If the university could do this, its NAAC score would improve.

That along with collaboration with other institutions would enable it to apply for projects and funds from the Department of Science and Technology, Defence Research and Development Organisation and other Government institutions, he said and added that he had initiated the process for collaboration.

“I’ve already spoken to the Madurai Kamaraj University Vice-Chancellor and he was very positive. Soon, you’ll see Bharathiar University enter many such tie-ups.”

In response to a question on the university’s reputation taking a beating, Mr. Kaliraj said transparency would put an end to corruption and nepotism.

“I'll ensure that the university has a robust work and ethic culture that does not leave room for any illegality.”

CBI files chargesheet against Chidambaram

Karti’s firm ‘received ₹9.96 lakh without doing any service’

19/10/2019, SPECIAL CORRESPONDENT,NEW DELHI

No relief: P. Chidambaram being taken from a court in Delhi on Thursday, after he was sent to the custody of the ED. PTIPTI

The Central Bureau of Investigation (CBI) on Friday filed a chargesheet against 14 accused, including former Union Finance Minister P. Chidambaram and his son Karti, in the INX Media case.

Mr. Chidambaram “misused his official position” in granting approval to an FDI proposal of INX Media and INX News Pvt. Ltd. in lieu of “illegal gratification” in India and through offshore payments, the CBI said.

The agency alleged that a payment of ₹9.96 lakh had been made to Advantage Strategic Consulting Private Limited (ASCPL), which was floated by Mr. Karti, “without delivery of any service”.

Among those arraigned in the chargesheet are INX Media, its subsidiary INX News and then director Peter Mukerjea, Chess Management Services Private Limited, ASCPL and Mr. Karti’s chartered accountant S. Bhaskararaman.

Indrani Mukerjea, a former INX Media director, turned approver (pardoned) in July with the court’s permission. She claimed to have paid $5 million through the offshore route in lieu of the favours, and having met Mr. Chidambaram, along with Mr. Mukerjea and Vir Sanghvi, on the FIPB issue in March/April 2007.

The then Additional Secretary Sindhushree Khullar, Joint Secretary (Foreign Trade) Anup K. Pujari, the then Officer-on-Special Duty in the Department of Economic Affairs Pradeep Kumar Bagga, the then FIPB unit Director Prabodh Saxena, Under Secretary Rabindra Prasad, and Section Officer Ajit Kumar Dungdung have also been named as accused.

Against those accused, the CBI has invoked Sections 120-B (criminal conspiracy), 420 (cheating), 468 (forgery for cheating) and 471 (using forged document as genuine) of the Indian Penal Code, along with the relevant provisions of the Prevention of Corruption Act. The case was registered on May 15, 2017.

Questioning the timing, Mr. Karti tweeted: “It’s been done only to beat the 60-day deadline of my father’s [judicial] custody. We will deal with it as per legal procedure and will be vindicated.”

The agency is probing the charge that INX Media received ₹403.07 crore in foreign investments against the FIPB approved amount of ₹4.62 crore in 2007. It also made an illegal down-streaming of ₹40.91 crore into its sister concern, INX News.

IN BRIEF

19/10/2019,MUMBAI

Bachchan discharged from Mumbai hospital

Actor Amitabh Bachchan, who was admitted to Vile Parle’s Nanavati Hospital for a check-up, was discharged on Friday night. The hospital’s chief operating officer, Dr. Rajendra Patankar, refused to divulge details but said the actor had a “routine check-up”. Hospital sources said he underwent several investigations such as an MRI and blood tests.

Karnataka college boxed in over copying

It was pulled up over its ‘experiment’

19/10/2019, GIRISH PATTANASHETTI,HUBBALLI

Blinkers on: Students of Bhagat PU College in Haveri writing exam with cartons over their heads.Special arrangement

An attempt at an out-of-the-box solution to the problem of exam malpractice has landed a college administrator in Haveri in Karnataka in hot water with the authorities.

Faced with the problem of malpractice, educational institutions routinely step up surveillance — some even installing CCTVs in exam halls — while other rope in strict invigilators to crack the whip.

On October 16, when the students of the Bhagat PU College arrived for their mid-term exam, they were handed specially modified cartons to cover their heads. The cartons had an opening on one side, which allowed the students to see only in front of them and ostensibly prevented them for looking anywhere else but at their answersheets.

The cartons were college administrator Satish’s solution to prevent examination malpractice. While the students found it cumbersome, they were not allowed to violate the “new rule”.

However, Deputy Director of Pre-University Education S.C. Peerzade visited the college as soon as he came to know about it and stopped the “experiment”.

Speaking to The Hindu on Friday, Mr. Peerzade said he happened to see a photograph of students writing examination with their heads covered by cartons, which the college administrator had posted on his WhatsApp account.

“When I went to the college, most of the students had cartons over their heads. I sought an explanation from the administrator. To my shock, Mr. Satish told me that he was just experimenting with what he had seen in a Bihar college,” Mr. Peerzade said.

“A show cause notice has been issued,” he said. The college administration was not available for comment.