Private property is a fundamental right, says SC 

‘Grabbing private land and claiming it as its own makes the State an encroacher’ 

  13/01/2020 , Krishnadas Rajagopal, NEW DELHI

A citizen’s right to own private property is a fundamental right. The State cannot take possession of it without following due procedure and authority of law, the Supreme Court held in a judgment on January 8.

The State cannot trespass into the private property of a citizen and then claim ownership of the land in the name of ‘adverse possession’, the court said, adding that grabbing private land and then claiming it as its own makes the State an encroacher.

In a welfare state, right to property is a human right, said a Bench of Justices Indu Malhotra and Ajay Rastogi.

“A welfare state cannot be permitted to take the plea of adverse possession, which allows a trespasser i.e. a person guilty of a tort, or even a crime, to gain legal title over such property for over 12 years. The State cannot be permitted to perfect its title over the land by invoking the doctrine of adverse possession to grab the property of its own citizens,” said Justice Malhotra.

The court was hearing a plea filed by Vidya Devi, a widow, whose four acres of land was taken over by the Himachal Pradesh government in 1967.

“The appellant [Ms. Devi] being an illiterate widow, coming from a rural background, was wholly unaware of her rights and entitlement in law, and did not file any proceedings for compensation...,” said Justice Malhotra.

When Ms. Devi, 80, learnt about her rights in 2010 from her neighbours, who had also lost their property, she approached the Himachal Pradesh High Court. However, when the HC asked her to file a civil suit in the lower court, she moved the Supreme Court.

Authority of law

Ordering the State to pay her ₹1 crore in compensation, the Supreme Court noted that in 1967, ‘right to private property was still a fundamental right’ under Article 31 of the Constitution.

Property ceased to be a fundamental right with the 44th Constitution Amendment in 1978. Nevertheless, Article 300A required the State to follow due procedure and authority of law to deprive a person of his or her private property, the Supreme Court reminded the government.

Pongal spells peril for Salem’s foxes 

Villagers trap, gag and hobble the animals before racing them in a type of jallikattu 

 13/01/2020 , Vignesh Vijayakumar, SALEM 


A 2018 photo shows a fox trussed up ahead of the race.

With Kaanum Pongal, the fourth and final day of the harvest festival, less than a week away, Forest Department officials in Salem are gearing up to prevent an unusual jallikattu — one that uses foxes instead of bulls.

The jallikattu-like event using foxes, or vanga nari in Tamil, is usually organised on Kaanum Pongal on the outskirts of the district as villagers believe it will bring bountiful rain and good fortune.

According to Forest officials, villagers, mostly from Ranganoor, Chinnamanaikenpalayam and Vadugathampatti in Vazhapadi taluk, trap the foxes and bring them to the village temple.

Regular feature

The animals are muzzled and their hind legs tied with rope. After special rituals are conducted, the hapless animals are chased through the streets, much like bulls in the more conventional jallikattu. After the event, the animals are released into the forest.

Despite a ban, the event has been organised for decades now. District Forest Officer A. Periasamy said, “We have fined the violators earlier for organising the event and trespassing into forest areas and this year too, we will take stern action.” Officials said foxes are a protected species under the Wildlife Protection Act, 1972, and hunting or capturing them is prohibited.

V. Gokul, president of the Salem Nature Society, said, “The medium-sized Bengal foxes are generally found near agricultural areas. The animal undergoes cruel treatment in the name of this festival. The animal is gagged and the hind legs are tied. Capturing a wild animal itself is an offence, and this helpless animal is tortured in the name of the festival.”

AIIMS Nurses Union alleges gender discrimination in reservation for nursing officers' recruitment

PTI | Jan 12, 2020, 09.01 PM IST
 
NEW DELHI: AIIMS Nurses Union New Delhi has alleged gender discrimination in the new reservation criteria for recruitment of nursing officers in AIIMS across India.

In a letter to Union Heath Minister Harsh Vardhan, the union expressed objections over the implementation of decisions of the 4th Central Institute Body (CIB) meeting on recruitment of Nursing Officers in AIIMS across the country.

The meeting was held under the chairmanship of the minister and other members of CIB, but the union alleged that no nursing personnel were present as members of the CIB.

It was decided in the meeting that 80 per cent of posts will be reserved for female candidates, while 20 percent will be for male candidates in all categories.

The minutes of meeting stated that the CIB discussed the issue of appropriateness and requirement of female nursing staffs in a number of departments/specialised wards vis-à-vis patient comfort and care.

It was decided that 80 per cent of posts may be reserved for female nursing staff, while the remaining may be filled by male nursing staff, the minutes stated.

"AIIMS Nurses Union strongly opposes this newly introduced reservation criteria based on gender discrimination for the post of Nursing Officer (Direct Recruitment) and also condemns the decisions taken in the 4th meeting of CIB," AIIMS Nurses Union president Harish Kumar Kajla said in the letter.

"This unconstitutional decision taken by the AIIMS CIB members simply shows the gender discrimination to the matter of public employment which is a blatant violation of fundamental rights guaranteed in our Constitution as per Article 16 (1949) which guarantees equality of opportunity in matters of public employment for all Indian citizens," the letter said.

Nirbhaya gangrape case: Dummy execution of four convicts performed in Tihar

PTI | Jan 12, 2020, 11.20 PM IST

NEW DELHI: A dummy execution of the four death row convicts in the Nirbhaya gangrape case was performed at Tihar Jail on Sunday, prison officials said.

A Delhi court had pronounced on Tuesday that the convicts -- Mukesh (32), Pawan Gupta (25), Vinay Sharma (26) and Akshay Kumar Singh (31) -- will be hanged on January 22 at 7 am in the Tihar Jail.

A team of prison officials performed dummy execution of the four convicts. The dummies were created using sacks filled with debris and stones as per the weight of the convicts, a senior jail official said.

The execution will take place on in Jail No 3, he said, adding that the UP Prison authority has confirmed that Pawan Jallad from Meerut will be sent to hang the four convicts.

The Tihar authorities had written to the Uttar Pradesh prison authorities, seeking the services of two hangmen from the state to the execution.

All the four convicts are likely to hanged simultaneously.

HC clears 2 candidates who fail TNUSRB height test for cops

TNN | Jan 13, 2020, 04.13 AM IST

Madurai: After reviewing the video recording of the height measurements, Madras high court has overturned the decision of Tamil Nadu Uniformed Services Recruitment Board (TNUSRB) disqualifying two candidates for not fulfilling the height requirement for the recruitment of grade II police constable, grade II jail warden and fireman. 

The court asked the board to proceed with the further selection process, saying both these candidates have passed the height measurement test.

The candidates, K Jansirani and M Ayyambose, had moved the court seeking to quash the TNUSRB order and sought to permit them to participate in the physical endurance test and other recruitment process.

Justice M S Ramesh observed that since the petitioners were aggrieved at the measurement of height conducted by the officials, the court had permitted them to participate in the re-measurement conducted on December 11. Since the petitioners were still not satisfied, the court on December 16 permitted them to view the video recording of the re-measurement in the presence of the registrar (judicial) of the court who also submitted a report the next day.

Justice Ramesh said he had reviewed the video recording and it was seen that the height measurement of Jansirani is between 156.7cm and 156.8cm and that of Ayyambose between 169.7cm and 169.8cm. The judge said the fraction which is over 156.7cm is closer to 156.8cm and that over 169.7cm is closer to 169.8cm.

“Therefore, the height of Jansirani and Ayyambose could be ascertained as 156.8cm and 169.8cm respectively,” observed the judge.

The court said that by applying the guidelines in the GO passed by home department on November 19, 2014, a fraction of 0.2cm could be extended to the petitioners. Hence the height of Jansirani can be determined as 157cm which is the minimum height required for women candidates belonging to scheduled caste community and the height of Ayyambose as 170cm, the minimum required height for male candidates.

Since both the petitioners have passed the height measurement test, the judge directed TNUSRB to subject both these petitioners to further stages of selection process in accordance with procedure laid down in recruitment notification and closed these petitions.

Pongal: Jasmine prices shoot up to Rs 5,000 in Madurai, may rise further in next two days

TNN | Jan 12, 2020, 07.09 PM IST



 

MADURAI: Jasmine prices rose to Rs 5,000 per kilogram in Madurai on Sunday as Pongal is round the corner and supply to the market has dipped.

In the peak season, the Madurai flower market sees a supply of about 10 tonne per day. But it has decreased by 30% - 40% since October mainly due to rain. Rain affected jasmine plants.

Madurai Meenakshi Flower Merchants Association president Pookadai S Ramachandran said jasmine prices, which were around Rs 3,000 per kg on Saturday, went up to Rs 5,000 on Sunday. “It may go up to Rs 7,000 or even Rs 8,000 in the next two days because supply is very low. Just half a tonne jasmine came to the market on Sunday,’’ he said.

During last Pongal, jasmine prices were around Rs 3,500 per kg. In peak flowering season, the prices come down to Rs 50 per kg.

More than 150 trees in MGR univ treated against termite attack

Jan 13, 2020, 04.31 AM IST

Chennai: More than 150 trees of various species found on MGR Medical University campus in Guindy received medication on Saturday.

Sudha Seshaiyan, vice-chancellor of the university, said the campus has termite hills. White ants from these mounds enter the tree via its roots and slowly build a mound around the tree and kill the tree. In order to avoid termite attacks, with advice from experts, the trees were coated with sodium (sunnambu) from the bottom to a height of four feet.

Last year in January, two trees were infected by termites. Despite treatment, only one survived.

Landscaping expert B Ilango said normally, lime mixed with water is painted on the trees to avoid termite attacks. Nowadays several lime-based ointments are also available to protect trees from termite attack.

A few decades ago, trees along the highways used to get a similar coat of lime mixture to avoid termites. With the emergence of new medicines and ointments, this practice was stopped, he explained.

Now, one can mix copper oxychloride with lime and apply it on the tree, he said.

With a fresh coat of lime, the trees will survive long on campus and reduce pollution levels and provide shade, said Seshaiyan.