Wednesday, April 24, 2019

Register marriage between man and transwoman: Madurai Bench

The Court has also directed the Health Secretary to issue a G.O. prohibiting sex reassignment surgery on intersex infants and children.

Published: 24th April 2019 05:05 AM |

By Express News Service

MADURAI: The Madurai Bench of Madras High Court ordered registration of marriage between a man and a transwoman from Thoothukudi following a petition seeking a direction to the authorities concerned to register their marriage. The Court has also directed the Health Secretary to issue a G.O. prohibiting sex reassignment surgery on intersex infants and children.

The landmark judgment was passed on April 22 by Justice G R Swaminathan on a petition filed Arunkumar and Sreeja seeking direction to the Registration Department after the department ‘refused’ to register their marriage. The department stated that Sreeja, being a transwoman cannot be placed under the category of ‘bride’ as per the Hindu Marriage Act, 1955, and that the word ‘bride’ only refers to ‘woman’ on her wedding day.

However, Justice Swaminathan rejected the contentions by observing, “transgender persons who are neither male nor female fall within the expression ‘person’ and hence entitled to legal protection of laws in all spheres of State activity as enjoyed by any other citizen of this country”. Discrimination on the ground of sexual orientation or gender identity, therefore, impairs equality before the law, equal protection of the law and violates Article 14 of the Constitution of India, he added.

Referring to epics Ramayana and Mahabharata, he further held that the existence of a third category had been recognised even in the indigenous Hindu tradition. Hence the expression ‘bride’ occurring in Section 5 of the Hindu Marriage Act, 1955, would have to include within its meaning not only a woman but also a transwoman, he stated and directed the authorities to register the marriage solemnised between the petitioners.


Pointing out that one of the petitioners Arun Kumar belonged to a scheduled caste, the Judge also recommended that they can avail financial incentive under Dr Ambedkar’s Scheme for Social Integration through Inter-Caste Marriages. Justice Swaminathan also noted that intersex children must be given time and space to find their true gender identity. “But the parents make the infant undergo sex reassignment surgery (SRS), without providing them the opportunity (to decide),” he stated and directed the Health Secretary to issue a G.O prohibiting sex reassignment surgery on intersex infants and children.
Learn, even if you earn : VP Venkaiah Naidu at Vels Convocation

Honorary doctorates were given to former athlete PT Usha, the chief of Indian Security Research and Development Satheesh Reddy, and the founder of Kerry Indev Logistics, Xavier Britto.

Published: 24th April 2019 05:48 AM 



Vice President Venkaiah Naidu at the convocation ceremony 

Debadutta Mallick

By Express News Service

CHENNAI: Vice President Venkaiah Naidu emphasises on the importance of Education, while delivering the convocation address at Vels Institute of Science, Technology and Advanced Studies at Pallavaram on Tuesday.

“Education is not only for employment, but it is also for enhancement of knowledge, enlightenment and empowerment,” said Naidu, encouraging even staff members to continue learning.
“Learn, learn, learn, even if you earn, earn, earn,” Naidu, boomed into the microphone, evoking a thunderous applause from the graduands and staff members gathered at the event.

Naidu pointed out how technology has made the world a smaller place and has made a diverse skill set important for employment. He encouraged students to contribute to the country by echoing Prime Minister Modi’s words — ‘Reform, Perform and Transform’.

The Vice President also batted for women’s empowerment and called for the ending of discrimination of women. “If you educate a woman, you educate a family,” he said. “I am seeing girls win 65 per cent of the gold medals in convocations that I attend, and it is a welcome trend in the country.” 

He also said that the youth must contribute to India’s growth. “China’s growth is slowing down, but we are gaining. You must make our country great,” Naidu said.


A total of 42 gold, 33 silver and 30 bronze medals, 1,766 bachelors degrees and 366 post-graduate degrees were handed out during the ninth convocation ceremony.

Honorary doctorates were given to former athlete PT Usha, the chief of Indian Security Research and Development Satheesh Reddy, and the founder of Kerry Indev Logistics, Xavier Britto.
Action against polling officials who allowed Sivakarthikeyan to vote: TN CEO

Chief Electoral Officer Satyabrata Sahoo said he had sought a report on how the name of the actor had been deleted and who was responsible for that.

Published: 23rd April 2019 07:10 PM |



Tamil actor Sivakarthikeyan cast his vote in Chennai.

By Express News Service

CHENNAI: Chief Electoral Officer Satyabrata Sahoo on Tuesday said an inquiry has revealed that actor Sivakarthikeyan had been allowed to cast his vote on April 18 even though his name was not there in the electoral rolls and action would be taken against the polling officials who had allowed this.

Answering the queries of reporters, the CEO said he had got a report from the District Election Officer about the incident and it was confirmed that the actor had cast his vote without his name being in the electoral rolls.

Sahoo said he had also sought a report on how the actor's name had been deleted and who was responsible for that.

With regard to the complaint against actor Srikanth, who was also allegedly allowed to vote without his name being in the electoral rolls, the CEO said, "According to the report from the officials, Srikanth did not cast his vote but only indelible ink was put on his finger."


On April 18, Srikanth had gone on record that after some problem, the polling officials had allowed him to vote.

Asked whether action will be taken against Sivakarthikeyan too for casting vote without his name being in the rolls, the CEO said, "It is a valid point. We will decide about after getting the full report from the officials."

On April 18, Sivakarthikeyan went to the polling booth where he had cast his vote in the 2016 Assembly elections, along with his wife and found that his name was not there in the electoral rolls.

He went on to cast his vote from another booth but it has now come to light that in that booth too, his name was not in the electoral rolls. After that, the actor had tweeted his photo with the words "voting is your right and fight for that right."
Chitlapakkam, Madambakkam panchayats wage water war

According to residents of Madambakkam, water tankers extracted water from the sump constructed for the Chitlapakkam Water Scheme from April 15 to April 17.

Published: 24th April 2019 05:53 AM 



Residents say water was extracted from April 15 to April 17

Express News Service

CHENNAI: The Chitlapakkam Town Panchayat has started sourcing water from Madambakkam through water tankers even before the Rs 3-crore Madambakkam Scheme has kicked off. The scheme proposes to supply water to Chitlapakkam from Madambakkam through an underground pipeline.

According to residents of Madambakkam, water tankers extracted water from the sump constructed for the Chitlapakkam Water Scheme from April 15 to April 17. “The Chitlapakkam Town Panchayat’s executive officer accompanied the tankers and said that the water was for election emergency,” said G Rajendran, secretary of the Save Madambakkam Lake Committee.

But, residents found that the water was supplied to Chitlapakkam residents, through an advertisement in a local newspaper thanking the Chitlapakkam EO for the water supply. “The executive officer lied to us, so we have temporarily stopped the extraction of water through tankers,” said K Mohandas, treasurer of the Save Madambakkam Lake Committee. Chitlapakkam Town Panchayat executive officer Venkatesan has denied these allegations.


Since the commencement of the project, residents of Madambakkam had been worried about rising in water mafia that would completely drain Madambakkam’s groundwater resources. This incident has only added to their suspicions.

The Madambakkam Scheme proposes to extract around 20 lakh litres of water from the Madambakkam lake every day and send 18 lakh litres to Chitlapakkam. However, the combined water from tanks in Chitlapakkam is only six lakh litres, which then raises questions about Chitlapakkam’s plans to hold excess water.

“The panchayat will invariably allow the tankers to transport water to Chitlapakkam and then the mafia will begin controlling price and stop water supply through the pipelines,” said Krishnan, president of the Save Madambakkam Lake Committee, explaining they had no problems sharing water with Chitlapakkam if they are able to quench their thirst first.

“The water will be pumped through pipelines in the morning to certain areas and again the tanks will be filled in the afternoon to supply to other areas,” said Venkatesan, claiming that tankers would not be used in future. However, how the remaining six lakh litres will be supplied is a mystery.

Currently, Madambakkam is reeling under acute water shortage with residents in most areas being forced to deepen their borewells to access the groundwater. Express had reported how various norms had been flouted to gain approval for the Chitlapakkam Water Scheme which proposes to transport water sourced from wells dug in the Madambakkam Lake over six kilometres to Chitlapakkam. The project has progressed even as PILs seeking its cancellation are being heard in the Madras High Court.
Anna university may increase fees this year

The hike could be around 35-40 per cent of the current cost, on different courses. Officials added that the hike was necessary for the struggling university to manage its expenses.

Published: 24th April 2019 06:04 AM |

By Binita Jaiswal

Express News Service

CHENNAI: Anna University is likely to increase fees for courses offered by its departments and constituent colleges starting this academic year. The move, which will affect thousands of students, has been condemned by political parties and activists.

Speaking to Express, Vice Chancellor MK Surappa said the syndicate had approved the decision to increase the fees and the same would be notified soon.

“We will soon provide the details on our website,” he said, adding that the increase in cost would be nominal. “The hike is necessary to meet the expenses, but we will ensure that it’s nominal so that students from economically weaker sections aren’t affected.”


Sources, however, said the hike could be around 35-40 per cent of the current cost, on different courses. Officials added that the hike was necessary for the struggling university to manage its expenses.

“We have not revised the fees structure in the last decade, while a lot of infrastructure development has happened in the last few years,” said Surappa. According to sources, the last fee revision happened 19 years ago, in the year 2000.


According to sources in the university, the State government has opposed the decision of Anna University to hike fees and has sought its details from varsity authorities. When Express contacted Higher education secretary Mangat Ram Sharma, he said, “I don’t have any idea about the matter. I am trying to find out whether any such decision has been taken by AU.”

“The university charges around `8,000 for one semester while private colleges charge in lakhs for the same course. People need to understand that there is a need to hike the fees in order to create better facilities in the university,” said a senior university official.

Meanwhile, PMK founder S Ramadoss said a proposal to hike fees in colleges run by AU should be condemned as it will snatch away educational opportunities of poor students.
Bharathiar University postpones Syndicate meeting amidst controversy

COIMBATORE, APRIL 24, 2019 00:00 IST

Members say varsity misuses funds sanctioned by Centre

Bharathiar University has postponed a Syndicate meeting scheduled for April 24 for “administrative reasons” amidst controversy regarding sending a few faculty members on a foreign trip.

Registrar in-charge K. Murugan said the university postponed the meeting without assigning a date for “administrative reasons.” The university postponed the meeting on the night of April 22 after a few Syndicate members objected to conducting the meeting at a short notice and without sharing the agenda.

“The university had termed the meeting an ordinary meeting, which means, it ought to give Syndicate members at least 15 days’ notice. It did not do so. And, the university did not share the agenda, which added to the dissent,” said Association of University Teachers president N. Pasupathy.

Sources familiar with the developments in the run-up to the meeting said the university wanted to place a list of names of faculty members and others before the Syndicate for approval for sending them to various universities in the U.S. The reason for sending them was to strengthen research and collaboration in entrepreneurship, innovation and career hub and cancer theranostics, for which the Central government under the Rashtriya Uchchatar Shiksha Abhiyan (RUSA) programme, had sanctioned Rs. 50 crore. Details available with The Hindu show that the university must spend Rs. 15 crore on entrepreneurship, innovation and career hub and the rest on cancer theranostics.

Amount not released

The sources said that though the government had given approval for the topics for research and collaboration by Bharathiar University, it had not released the amount. That the university wanted to send a team of faculty members before the government released the money and the urgency it showed to get the Syndicate’s nod reeks of nepotism, they added.

Mr. Murugan said the university would look into the issue and ensure that it did not violate the government’s norms in spending RUSA funds.
Circular train services launched

CHENNAI, APRIL 24, 2019 00:00 IST

Having completed the Takkolam-Arakkonam track works, the Southern Railway launched the circular train services on Tuesday. There will be two services.

The first train will leave Chennai Beach at 10.30 a.m. proceeding through Arakkonam, Tirumalpur, Kancheepuram, Chengalpattu, Tambaram and reach Chennai Beach at 4.10 p.m.

Similarly, another service will leave Chennai Beach at 9.50 a.m. and would go via Tambaram, Chengalpattu, Kancheepuram, Tirumalpur, Arakkonam and reach Chennai Beach at 4.15 p.m.

Following the introduction of the two circular services, the existing service from Chennai Beach to Tirumalpur to Chennai Beach has been cancelled.
In this Japan varsity, smokers can’t be teachers

Tokyo:24.04.2019

A Japanese university has stopped hiring professors and teachers who light up, officials said on Tuesday, as the nation steps up an anti-smoking campaign ahead of the 2020 Olympics.

Nagasaki University spokesman Yusuke Takakura said they have “stopped hiring any teaching staff who smoke”, although applicants who promise to kick the habit before taking up their post could still be offered employment.

The university will also ban smoking entirely on campus from August, opening a clinic for those who cannot give up, said Takakura.

“We have reached a conclusion that smokers are not fit for the education sector,” the spokesman said, adding that the university had sought legal advice and does not believe the policy contravenes discrimination laws.

Local media said it was the first state-run university to introduce such a condition of employment and the move comes after Tokyo’s city government passed strict new anti-smoking rules last year ahead of the 2020 Summer Games.

Japan has long been an outlier in the developed world, considered a smoker’s paradise where lighting up is allowed in many restaurants and bars.

Tokyo’s new laws ban lighting up at restaurants in the capital, regardless of size. Restaurants can set up separate indoor smoking areas, but customers cannot eat or drink there.

Smoking is also banned entirely on school premises from kindergartens to high schools, although space can be set aside outside university and hospital buildings.

The World Health Organization has given Japan its lowest rating for efforts to prevent passive smoking, and it even scores poorly in the region compared with countries like China and South Korea.

Despite that, tobacco use in Japan has been falling in line with a broader global trend. AFP



STUBBED OUT

Aditya Pharmacy Colleges Notification

Chettinad Academy of Research and Education Notification 2019

Nearly 40% govt employees on election duty did not receive postal ballot: Jactto-Geo

Shanmughasundaram.J@timesgroup.com

Chennai:24.04.2019

When the election commission set a goal to achieve100% polling, it did not take appropriate measures to enable the government employees on election duty to cast their votes, according to the Joint Action Committee of Tamil Nadu Teachers Organisation – Government Employees Organisation (Jactto-Geo)..

More than 3.5 lakh government employees were involved in election duty, across the state. Of them, around 40% did not receive the postal vote forms, said Jactto-Geo. Repeated attempts to reach state election officer Satyabrata Sahoo were in vain.

Going by the rules, the authorities should distribute the postal ballot/election duty certificate at the facilitation centre (training centre) to the government employees engaged in election duty. They can cast their vote at the facilitation centre or in the polling station where they are deputed.

However, several government employees said it was not done properly. They suspected the ruling AIADMK’s hands behind the non-distribution of postal ballots till date. It was done “intentionally” to stop them from voting, said coordinator of Jactto-Geo K Sambath Kumar, who was the one of polling officers in polling station 293 at C Kalyanapuram in Chennai North Constituency.

“None of the five persons on election duty in the polling station could cast their vote. Similar scenarios prevailed in a majority of the polling stations across Chennai.

“The situation was slightly better in other parts of the state,” he said and added there was political vendetta behind this.

The AIADMK even petitioned the state election officer, requesting not to engage government school teachers in election duty, he said.

“The ruling party knew that we will vote against them. So, we strongly suspect the ruling party’s hand behind the non-distribution of the ballot papers to government employees engaged in election duty,” said another government teacher who was on duty in polling station 59 in Chennai North Constituency.

The teacher said that she struggled to get the election duty certificate (EDC) form that enable the officials on polling duty to vote.

“I took a lot of effort and went to sub-collector office, after the third training class, to collect EDC form. I was made to wait for an hour. It was done purposefully to stop many of us from voting,” she said.


THE ENABLERS OF DEMOCRACY: More than 3.5 lakh government employees were involved in election duty across the state
Centre returns 154 PG med seats, state gets 309 in total
2nd Counselling Round In TN To Begin Soon


Pushpa.Narayan@timesgroup.com

Chennai:24.04.2019

The Centre has returned 154 of the 850 postgraduate medical seats in state government colleges that were left vacant after the second round of counselling held by the directorate general of health services for admission under all India quota.

Every year, the state surrenders 50% of the seats in government medical college to the directorate general of health services for admission through all India quota. In March, the state directorate of medical education surrendered 850 of the 1,758 degree and diploma medical seats. “The first round of counselling for the state quota has been completed. We will transfer the returned seats to the state bouquet,” said selection committee secretary G Selvarajan. The second round of counselling with 309 vacant seats is expected to begin later this week.

The percentage of seats being returned to the state government has also come down substantially. In 2018, of the 600 seats, 136 were vacant and the previous year, the Centre returned nearly 300 of the 500 surrendered seats. “Our students are now able to not just crack NEET better, but are learning the ropes to select colleges and seats of their choice through online counselling. This is a good sign,” said director of medical education Dr A Edwin Joe.

Despite opposition to NEET, this year, one in seven doctors who cleared PG NEET 2019 was from Tamil Nadu. The National Board of Examination summary shows that of the 79,633 who qualified, 11,121 were from the state, which also had the most candidates (17,067) appearing, against 9,219 from Karnataka, 7,441 from Maharashtra and 6,323 from Andhra Pradesh. Although qualifying in the exam does not guarantee a seat, experts said the high numbers have given TN candidates more opportunity to get placed in premium colleges outside the state and has increased the possibility of more state candidates getting seats in state colleges.

Getting admission, however, was competitive as there were many students with same score in round one of state counselling. There were 10,297 candidates compared to 10,576 in 2018. There were no quota for government doctors. According to the government order, in-service candidates were given a maximum of 30% marks over the NEET score depending on the geographical area and number of years they have served. “We expect more government candidates to take up the remaining seats,” Dr Selvarajan said.
OBC candidates unable to apply for SBI jobs due to technical glitch
Ram.Sundaram@timesgroup.com

Chennai:24.04.2019

Hundreds of job aspirants belonging to Other Backward Communities (OBCs) are unable to apply for State Bank of India’s (SBI’s) vacant junior associate posts due to an alleged technical glitch.

The public sector bank had set 28 as age limit for applicants and three years age relaxation is given for OBC candidates.

But SBI’s online portal is not accepting the applications of 31-year-old OBC candidates, complained applicants.

Amid growing unemployment, the job notification by SBI came as a relief for graduates across the country.

As many as 11,096 junior associate (customer support and sales) vacant posts were to be filled through a selection procedure involving two phases – preliminary and main test.

Shortlisted candidates will be receiving a basic pay of ₹13,000 and total starting emoluments of an employee will be around ₹25,000 including Dearness Allowance (DA) and other allowances.

According to the official notification, only those in the age group of 20–28 as on April 1, 2019, are eligible to apply for these posts. It means that the candidates should have been born not earlier than April 2, 1991, and not later than April 1, 1999 (both days inclusive). Under existing central government norms, age relaxation of three years is given for OBC candidates.

Of the total seats, nearly 1,970 are earmarked for OBC candidates belonging to non-creamy layer.

However, not all eligible OBC candidates are able to apply for the job. Thanks to the technical glitch in the online application portal (https://ibpsonline.ibps.in/sbijascapr19/).

After entering the basic info and uploading photos along with signatures, the portal guides applicants to a page in which they are supposed to enter the state in which they are aspiring to work, caste and community details and date of birth.

P Kamlesh, one among the thousands of aspirants belonging to OBC, said, “Those with date of birth between April 2, 1987, and April 1, 1988, are not allowed to apply under OBC quota in the portal. It means that only two years of relaxation is given for OBC candidates". Despite repeated calls and mails, there was no response from the official spokesperson or SBI's Central Recruitment and Promotion Department.

May 3 is the last date to complete the application process.



Screenshot of SBI online portal
Anna univ prof, 2 financiers arrested for property fraud

TIMES NEWS NETWORK

Chennai:24.04.2019

Central crime branch sleuths arrested three people, including a professor at Anna University, for selling property using forged documents and cheating two men. The accused were remanded in prison.

Assistant professor Prabhu Kumar, of Anna Nagar, entered into an agreement with brothers Kumar and Jayakumar, of Thiruvanmiyur, police said. As per the agreement, Prabhu would purchase the men’s 1,092sqft ancestral property for ₹67 lakh.

Later, Prabhu colluded with brothers Rajesh Kumar Lodha, 42, and Ramesh Kumar Lodha, 52, to cheat Kumar and Jayakumar. Prabhu invited Kumar and Jayakumar to the Saidapet subregistrar office to register the memorandum of understanding (MoU). However, he prepared a sale deed copy with the help of the Lodha brothers, who are financiers, and a power of attorney copy in Rajesh’s name. Kumar and Jayakumar signed all the documents assuming that they were for MoU registration. The victims later realised that they were cheated and lodged a police complaint.
Good news for TN, cyclone may bring rainfall next week
TIMES NEWS NETWORK

Chennai:24.04.2019

For a city embraced by cool breeze and cloudy skies over the last two days, there was more good news in store on Tuesday. Weathermen had forecast that a low pressure area, which is expected to develop over Bay of Bengal, is likely to intensify into a cyclonic storm by the end of the month.

According to regional meteorological centre, Chennai, “A low pressure area is very likely to develop over Equatorial Indian Ocean and adjoining southwest Bay of Bengal to the southeast of Sri Lanka around April 25. It is very likely to intensify into a depression by 27th April. It is very likely to move northwestwards towards TN coast across east coast of Sri Lanka and is likely to intensify into a cyclonic storm by April 29.”

While southern and interior districts of the state and neighbouring districts of Chennai are already receiving pre-monsoon showers, the rain and the sea breeze have had a salutary effect on the city’s weather with temperature dropping from 35°C to 33.8°C. “The sky is likely to be partly cloudy. Maximum and Minimum temperatures are likely to be around 36°C and 28°Celsius respectively,” says a forecast for Wednesday and Thursday for Chennai.



GOOD OMEN:Kanchipuram has received good premonsoon showers in the last few days

FIZZLING OUT

Storm doesn’t seem to be intense, says Skymet

However, Skymet weather says the weather system, which is likely to develop over Bay of Bengal, may not have any effect on north coastal Tamil Nadu including Chennai.

“On April 29 and 30, it will move over the central and adjoining northeast Bay of Bengal. While on May 1, it would be close to the proximity of Bangladesh and Myanmar near the Arakan coast, the system would be moving in favourable weather conditions as Sea Surface Temperatures (SSTs) would be around 29°C that are conducive for the formation of cyclonic storms.”

“Despite of all these favourable factors, this storm, the very first one of this season doesn’t seem intense in nature. When the monsoon current is strong/aggressive/active, it tends to suppress the cyclonic storm,” Skymet said in a post on its website.

On Monday, several districts, including Vellore, Dharmapuri, Salem,

Nilgiris and Kanyakumari recorded rainfall while Chennai city saw some traces.

IMD has forecast light to moderate rain at isolated places over Tamil Nadu until April 27. Thunderstorm with gusty winds (45-50kmph) and lightning is likely to occur at isolated places over Tamil Nadu on Tuesday.

Tuesday, April 23, 2019

மாதுவை வைத்து ஓர் ஆளுமையின் பிம்பத்தை உடைக்கப் பார்க்கிறார்கள்: கவிஞர் வைரமுத்து வேதனை!

By எழில் | Published on : 22nd April 2019 10:39 AM

அமுத சுரபி அறக்கட்டளையின் சார்பில் சென்னை முத்தமிழ்ச் சங்கம் நடத்திய ஐம்பெருவிழாவில் கவிஞர் வைரமுத்து நேற்று கலைந்துகொண்டு 100 கவிஞர்களுக்குப் பரிசு வழங்கினார். விழாவில் சிறப்பு விருந்தினராக வி.ஜி.சந்தோஷம் கலந்துகொண்டார். பாவலர் ஞானி, கவிஞர் சு.சே.சாமி விழாவை முன்னின்று நடத்தினார்கள். கவிஞர்களும் தமிழறிஞர்களும் கலந்துகொண்டார்கள். விழாவில் கவிஞர் வைரமுத்து பேசியதாவது:


100 கவிஞர்களுக்குப் பரிசு தருவதைக் காலம் எனக்கிட்ட கட்டளையாகக் கருதுகிறேன். முத்தமிழ்ச் சங்கத்தை வாழ்த்துகிறேன். கவிஞர்களைக் கொண்டாடுகிற வரைக்கும் ஒரு தேசம் அறத்தை நம்புகிறது என்று அர்த்தம். ஆனால் கவிஞர்களையும் கவிதைகளையும் இந்த தேசம் இடது கையால்தான் ஆசீர்வதிக்கிறது. ஆரவாரமாக வாசிக்கப்படும் அரசியல் வாத்தியங்களின் இரைச்சலில் இலக்கியப் புல்லாங்குழல் எடுபடவே இல்லை. ஆனாலும் இலக்கியம் தன் இறுதி மூச்சை விடுவதாக வில்லை. யார் கேட்கிறார்களோ இல்லையோ அன்பின் வழிப்பட்ட அறத்தை இலக்கியம் தன் சன்னமான குரலில் இசைத்துக்கொண்டே இருக்கிறது. நிகழ்காலம் எதிர்காலம் குறித்துக் கவிதை காரணத்தோடு கவலைப்படுகிறது.

ஒரு வாக்காளன் விரலில் தேர்தல் ஆணையம் கரும்புள்ளி வைக்கலாம். ஆனால் வெற்றிபெற்ற வேட்பாளர் வாக்காளர் முகத்தில் கரும்புள்ளி செம்புள்ளி வைத்துவிடக்கூடாது என்று அது இதயம் வலிக்க எச்சரிக்கிறது.

இலக்கியமும் அறம் பற்றிப் பேசாவிட்டால் அதை உயர்த்திப் பிடிக்க நீதிமன்றத்தைத் தவிர வேறு எந்த நிறுவனம் இருக்கிறது? ஆனால் நீதிபதிகளுக்கே பாதுகாப்பில்லாத நிலைதான் இன்று நிலவுகிறது.

முன்பெல்லாம் ஒரு ஆளுமையைச் சிறுமைப்படுத்த வேண்டுமென்றால் கண்ணுக்குத் தெரியாமல் கஞ்சாவும் மதுவும் வைத்துக் கைது செய்வார்கள். இப்போதெல்லாம் மாதுவை வைத்தே பிம்பத்தை உடைக்கப் பார்க்கிறார்கள். நீதிபதியின் மூளையை முடக்குவதும், அவரது நேரத்தைத் திருடுவதும், அவரது தூக்கத்தைக் கொள்ளையடிப்பதும், அவரது தொழிலைத் தொலைப்பதும்தான் இந்தச் சதியின் நோக்கம். இந்தியத் திருநாட்டின் உச்சநீதிமன்ற நீதிபதிக்கே சதிவலை பின்னப்படும் என்றால் பாமரனுக்கு என்ன பாதுகாப்பு இருக்கிறது? இதைத்தான் “தர்மத்தின் வாழ்வுதனைச் சூது கவ்வும், தர்மம் மறுபடியும் வெல்லும்” என்றார் மகாகவி பாரதி. “‘தீ’யில் ஈ ஒட்டாது” என்றார் சுரதா. “தண்ணீரில் விழுந்தாலும் நிழல் நனைந்து போகாது” என்றேன் நான்.

நாட்டின் விழுமியங்கள் வீழும்போதெல்லாம் இலக்கியம் செத்துக்கொண்டே அழுகிறது. ஒருகாலத்தில் வழிமுறையாய் இருந்த லஞ்சம் இன்று வாழ்க்கைமுறையாகிவிட்டதே என்று வருந்துகிறது.

ஓட்டுக்குக் கையூட்டு உப்புமாவும் காப்பியும் என்று இருந்த நிலைமாறி 200 முதல் 4000 ரூபாய் வரையில் ஓட்டுக்குப் பணம்தரும் கலாசார வீழ்ச்சிக்குக் காரணம் வாக்காளரா? வேட்பாளரா? நெஞ்சுக்கு நேர்மையாக வாக்களிப்பவன் ஆளுங்கட்சியைத் தோற்கடிக்கிறான் அல்லது எதிர்க்கட்சியைத் தோற்கடிக்கிறான். ஆனால் பணம் பெற்று வாக்களிக்கும் வாக்காளன் தன்னைத்தானே தோற்கடித்துக்கொள்கிறான்.

ஆனாலும் நமது கடைசி நம்பிக்கை ஜனநாயகம்தான். விரலில் வைத்த மை நகத்தைவிட்டு வெளியேறுவதற்குள் நாட்டை விட்டுத் தீமை வெளியேறிவிட வேண்டும் என்றுதான் எல்லா மக்களும் எதிர்பார்க்கிறார்கள்.

இந்தக் கொடுமைகளைக் கண்டுதான் ‘போரிடும் உலகத்தை வேரோடு சாய்ப்போம்’ என்றார் பாவேந்தர் பாரதிதாசன். போரைச் சாய்க்கவே ஒரு போர் தேவைப்படுகிறது. அந்தப் போருக்கு இளைஞர்களும் கவிஞர்களும் தயாராக வேண்டும். இந்த தேசத்தில் நெருப்புக்கூடச் சுடவில்லை என்றால் குப்பைகளை எதைவைத்து எரிப்பது என்று பேசினார்.

புதிதாய்ப் பிறக்க வைக்கும் வாசிப்பு!

By கிருங்கை சேதுபதி | Published on : 23rd April 2019 01:53 AM |

ஊர்கள்தோறும் நடைபெறும் புத்தகத் திருவிழாக்களில் வந்து பார்க்கிறவர்களும் வாங்கிச் செல்பவர்களும் எண்ணிக்கையில் மிகுந்து வருகிறார்கள்.

அதனால், பலரது இல்லங்களின் வரவேற்பறைகளில், காட்சி மாடங்களில், விலையுயர்ந்த பொம்மைகள், கலைப் பொருள்கள் இருக்கிற இடங்களில் புத்தகங்கள் இருப்பதைப் பார்க்க முடிகிறது. பெரிது பெரிதாய், அழகழகாய்த் தெரிகிற மாதிரி அடுக்கி வைப்பதில் நேர்த்தி தெரிகிறது.
முகநூல் பக்கங்களில்கூட, தத்தம் இல்ல நூலகங்களைப் படமெடுத்து இடுகையிடுவதும், தாம் வாங்கிய நூல்களின் பட்டியலை, அந்த நூல்களின் முகப்புப் படங்களை இணைத்துக்கொள்வதும் மிகுந்து வருகிறது. புத்தகங்களைப் பரிசளிக்கிற பழக்கமும் அண்மைக்காலமாய் வளர்ந்துவரத் தொடங்கியிருக்கிறது.

இது நல்ல விஷயம்தான் என்றாலும், வாங்கிய நூல்களை அனைவரும் வாசிக்கிறார்களா? என்ற கேள்விக்கு ஆம் என்ற பதிலை உடனே பெற முடியவில்லை. வாசிப்பதற்காக வாங்கினாலும்கூட, வாங்குவதற்கு முன்னால் இருக்கிற வாசிப்பு ஆர்வம் வாங்கிய பிறகு வருவதில்லை. நம்மிடம்தானே இருக்கிறது. எப்பொழுது வேண்டுமானாலும் எடுத்துப் படிக்கலாம் என்று வைத்துவிட்டு மறந்தே விடுகிறோம். அதற்குள் இன்னும் பல புத்தகங்கள் வந்து சேர்ந்து விடுகின்றன.

நேரமின்மை ஒரு முக்கியக் காரணம் போலத் தோன்றினாலும், அதன்பால் உள்ள ஆர்வமின்மைதான் அதிமுக்கியக் காரணம். அது தாமதம் என்கிற பெயரோடு விருந்தினராய் வந்து, சோம்பல் என்கிற நிரந்தர உறுப்பினராய் நம்முடன் தங்கி விடுகிறது. பின்னர் நம்மையே ஆட்கொண்டும் விடுகிறது. இதனால், நாளுக்கு நாள் வாசிப்பின் மீதான ஆர்வம் படிப்படியாகக் குறைந்து மறைந்து விடுவதையும் பார்க்க முடிகிறது.

வாசிப்பு என்பது என்ன? சொற்களின் ஊடே பயணம் செய்து உண்மையை உள்வாங்கிக் கொண்டு அதனை மனக்கண் முன் நிறுத்தியும் செலுத்தியும் பார்க்கிற கலைநுட்பம். தொடர்ந்து, உணர்வின் நுண்ணிய பாகங்களை நன்னெறிப்படுத்தும் திண்ணிய நெஞ்சத்தை ஆக்கவல்ல கலைப்பாடு ஆகும்.
அதற்கு மாற்றாக, காட்சி ஊடகங்களின் முன் அமர்ந்து அசைவுறு படங்களின் துணை கொண்டு அவற்றைக் கண்டும் கேட்டும் அமைதி கொள்கிறபோது, புறத்துறுப்புகளான புலன்களோடு அந்தச் செயல்பாடு முடிந்துவிடுகிறது. அகத்துறுப்பான மனத்தைத் தூண்டிச் சிந்திக்கச் செய்வதைக் குறைத்து விடுகிறது.

எடுத்துக்காட்டாகச் செய்தித்தாளைச் சொல்லலாம். செய்திகளைப் பத்திரிகைகளின் வாயிலாகப் படித்துப் புரிந்துகொள்வதற்கும் காட்சி ஊடகங்களின் வாயிலாகப் பார்த்துத் தெரிந்துகொள்வதற்கும் நுண்ணிய வேறுபாடுகள் இருக்கின்றன அல்லவா? சொற்களில் கட்டமைக்கப் பெறும் காட்சிகளும், காட்சி ஊடகங்களில் சித்தரிக்கப்படும் நிகழ்வுகளும் நேர்கோட்டில் அமைவதில்லை. அதன் மொழி வேறு. இதன் உரு வேறு. இரண்டும் வேண்டும். ஆனால், ஒன்றை ஒன்று மென்று தின்றுவிட அனுமதிக்கலாகாது.

உணவு உடலுக்கு நல்லது. அது வாய்வழி பெறுவது. செவிவழி பெறுகிற உணவும் இருக்கிறது. அது மனதுக்கு நல்லது. இவ்விரண்டுக்கும் அப்பால், கண்வழி உண்ணும் உணவாகக் கலைவடிவங்கள் இருக்கின்றன. அவற்றினுள்ளும், எழுத்துக்கலை இருக்கிறதே, அது ஒப்பற்ற உயர்கலை. அதனால்தான், எழுதுகிறவன் கலைஞர்களில் சிறப்பானவன் என்று நான் கண்டுகொண்டேன். பிகாúஸாவின் ஓவியங்களைவிடவும், பீதோவனின் இசைக்கோலங்களைவிடவும், ஹ்யூகோவின் ஒரு வாக்கியம், கதேயின் ஒரு கடைச்சொல், உலக மக்களை எல்லாம் ஆட்டிப் படைத்துவிடும். இசை கேட்டாரை மட்டுமே பிணிக்கும். இலக்கியம் கேளாதாரும் விரும்ப காலகாலத்துக்கும் நிலைக்கும் என்கிறார் ஜெயகாந்தன்.
ஒரு புத்தகத்தைத் திறந்து படிக்கும்போது, அதனை எழுதிய ஆன்மா தன் இதயம் திறந்து மொழிகிற குரலை மனம் கேட்கும்; அதன் சொற்படிமங்களில் இருந்து எழுந்துலவும் பாத்திரப் படைப்பின் இயக்கத்தை மனக் கண் பார்க்கும்; அதன் சரி தவறுகளைச் சிந்தித்து, மனத்தின் உட்குரல் சொல்லும்; மெல்ல மெல்ல, எழுத்துருக்கள் மறைந்து அதன் சிந்தனைக் கீற்றுகள் படிந்து வாசிப்பவரின் உள்ளத் திண்மைக்கு உரமேற்றும்; அது மனசாட்சியைத் தூண்டி மலர்த்தும்; அதற்கு வலிமை சேர்க்கும்; தனிமனித மனசாட்சி வலிமையுற்றுச் சமுதாய மனசாட்சியை மேலுறுத்தும்போது, நிகழும் மாற்றங்கள் ஆக்கபூர்வமானவை.

அதைத்தான் உலக இலக்கியங்கள் மொழி எல்லைகள் கடந்து ஆற்றிவருகின்றன. லியோ டால்ஸ்டாயின் கதையும், மாப்பஸானின் ஆக்கமும், விக்டர் ஹ்யூகோவின் படைப்பும், திருவள்ளுவரின், கம்பரின், கவிதைகளும் அந்தந்த மொழிகளுக்கு மட்டுமே சொந்தமாகிவிடுமா என்ன?
சித்தர்கள் செய்யும் கூடு விட்டுக் கூடு பாயும் கலையை, இந்த வாசிப்பனுபவம் கைகூடச் செய்துவிடும். அதற்கு, எழுதுவது ஒரு தவம் என்றால், அதனை வாசிப்பது பெருந்தவம். எடுத்து வாசிக்கும் ஒவ்வொரு புத்தகமும் அந்தக் கணம் புதிதாய்ப் பிறக்கிறது; வாசிப்போரையும் பிறப்பிக்கச் செய்கிறது.

ஒரு நல்ல புத்தகத்தின் உள்நுழைந்து வெளிவரும் உள்ளம், வேறொரு உலகத்தில் பயணம் செய்து அதில் வாழ்ந்து அனுபவித்து மீள வருகிறது என்பதைத் தேர்ந்த வாசகர்கள் தாமே அறிவர்.

ஒற்றைப் பிரதியை உருவாக்கும் எழுத்தாளனின் ஆக்கம், அச்சேற்றப்படும் ஒவ்வொரு பிரதியின்போதும் புதிதாய்ப் பிறக்கிறது. வாசிப்பவர்களின் மனங்களில் புகுந்து மறுபிறவி எடுக்கிறது. வாசிப்புள்ளம் நேசிப்புள்ளமாக மாறும்போது, ஒரு படைப்பு அமரத்துவம் எய்துகிறது. அதுவும் வாழ்கிறது. வாசிப்பவரையும் வாழ்விக்கிறது. எழுதியவனும் நிரந்தரமாகிறான்.
இந்த அரிய கலை அனுபவத்தை, வருந்தலைமுறையினர் முறையாகப் பெறுகிறார்களா என்பது ஐயப்பாடாக இருக்கிறது. பள்ளிப் பாடங்களுள் மூழ்கி வெளிவருவதற்கே காலப்பற்றாக்குறை இருப்பதாகச் சொல்லப்படுவது நம்புதற்குரியதில்லை. மிச்சப்பொழுதுகளைக் காவுகொள்ளும் பிற சாதனங்களுக்கு ஒதுக்கப்பெறும் கால ஒதுக்கீட்டில் நல்ல புத்தகங்களின் வாசிப்புக்கும் நேரம் ஒதுக்கலாமே!
ஒவ்வொரு முறையும் புதிதாய் வாங்கும் புத்தகங்களை உடனே படிக்க முடியாவிட்டால், அதற்கெனக் கூடுதல் நேரம் ஒதுக்கி, செல்லிடப்பேசி முதலான தொடர்பு ஊடக இயக்கங்களை அணைத்துவிட்டு, புத்தகங்களுள் மூழ்கி வெளிவருவதும் உண்டு.

இல்லங்கள்தோறும் நூலகங்களை ஏற்படுத்தியதுபோல, வாசிப்புக்கென இடத்தையும் நேரத்தையும் ஒதுக்கிச் செயல்படலாம். வாரந்தோறும் கூட்டுப் பிரார்த்தனைபோல, கூட்டு வாசிப்பு நிகழ்த்தலாம். ஒருவருக்கு ஒரு நூல் எனப் பிரித்துப் படித்து முடித்துச் சேர்ந்து அறிமுகப்படுத்திக் கொள்ளலாம்.
சொல்வது எளிது; செய்வது கடினமன்று. தொடக்கத்து ஆர்வம் நாளுக்கு நாள் வளரவேண்டுமேயல்லாது, சென்று தேய்ந்து இறுதல் கூடாது. அதற்கு, சுவையான உணவுகளைத் தேர்ந்து உண்பதுபோல, நலம் பயக்கும் நூல்களைத் தேர்வு செய்து வாசிப்பிற்கு எடுத்துக் கொள்ள வேண்டும். அதற்கு நல்ல நண்பர்கள் துணைக் கொள்ளல் இனிது. வாசிப்புக்குரிய இதழ்களை, புத்தகங்களை முறைப்படுத்திக் கொண்டால், இந்தப் பணி எளிதில் கைகூடும். அவசரமாகப் படிக்க வேண்டியது, நிதானமாகப் படிக்க வேண்டியது, எப்போதும் படித்துப் பயன்கொள்ள வேண்டியது, படித்து முடித்து விடுக்க வேண்டியது என்று வகைப்படுத்திக் கொள்வது ஒருமுறை.
மற்றொன்று, நொறுக்குத் தீனிபோல, மேலோட்டமான வாசிப்புக்குரியனவற்றை முதலிலும், பசிக்கு உதவுகிற அன்னத்தைப்போல், பயன்படும் நூல்களை எப்பொழுதும், ருசிக்குத் துணைசெய்யும் புத்தகங்களை இடையிடையிலும் வாசித்துப் பழகி வைத்துக் கொள்ளலாம்.
வாசிப்பு, படிப்பாகி, படிப்பு கற்றலில் கொண்டுபோய் சேர்க்கும்; அது அற்றங்காக்கும் கருவியாம் அறிவைச் செறிவு செய்யும். எல்லாம் சரி ஏது நேரம் என்கிறீர்களா? இது இன்றைக்குரிய கேள்வி அல்ல; பண்டைக்காலத்திலேயே எழுப்பப்பெற்று பதிலும் தரப்பட்டிருக்கிறது. கல்வி கரையில கற்பவர் நாட்சிலமெல்ல நினைக்கின் பிணி பல என்கிறது நாலடியார். நாளும் நாளும் வந்து குவியும் நூல்களும், வாங்கிச் சேர்க்கும் புத்தகங்களும் மொத்தமாய் அழுத்தும்போது, படிப்பே சுமையாகிவிடுகிறதல்லவா? அதைச் சுலபமாக்கிக் கொள்ளவும் சுகமாக்கிப் பயனுறவும் அந்த நூலே ஒரு பாடலைத் தருகிறது.கலகலவெனக் கூவி ஒலிக்கும் ஆரவாரமிக்க புறவுலகப் போக்குகளை விஸ்தரிக்கும் உலக நூல்களைப் படிப்பதை விடவும், உளம் தடுமாறவிடாமல் உறுதிப் பயன் நல்கும் உயர் அறிவு நூல்களைத் தேடிக் கற்பது நல்லது என்பதை அக்கால நடையில் சொல்லிச் செல்கிறது.
அலகுசால் கற்பின் அறிவுநூல் கல்லாது
உலக நூல் ஓதுவது எல்லாம்- கலகல
கூஉம் துணை அல்லால் கொண்டு தடுமாற்றம்
போஒம் துணை அறிவார் இல்.
பொழுதுபோக்கு எனும் பெயரில், உயிரனைய பொழுதுகளை அற்பமாய்க் கழித்துவிடாமல், அற்புத அனுபவத்தைத் தருகிற மெய்ம்மை நூல்களைத் தேடிக் கற்பது உயிர் வளர்க்கும் என்று, எத்தனையோ பணிகளுக்கு மத்தியில் இந்தக் கட்டுரையைப் படித்து முடித்த உங்களுக்குச் சொல்லியா காட்ட வேண்டும்?

கட்டுரையாளர்:
பேராசிரியர்.



இன்று உலக புத்தக விழிப்புணர்வு தினம்.
Smooth start for Chennai Corporation’s cycle sharing plan

With response exceeding expectations, officials hope to expand to more areas

Published: 23rd April 2019 06:40 AM 



A girl downloads the Smart Bike app before using the cycles

 | D SAMPATHKUMAR

Express News Service

CHENNAI : The Chennai Corporation’s Cycle Sharing System has gained considerable traction within the first two months of its launch, officials said. On average, 100 people have registered for the system every day, taking the total registrations to 6000 since the system was launched on February 27. “The response we have gotten for cycle sharing, has exceeded our expectations and we are looking to sustain this enthusiasm as we expand the system to other parts of the city,” said a top corporation official overseeing the Cycle Sharing System.

It is learnt that the system has recorded over 18,000 rentals since its launch and that on any given day, there are at least 250 people who use the cycles. This number is said to peak during weekends, where there are more than 400 rentals recorded in Anna Nagar and Marina, where the pilot project has been launched.
“We have been receiving excellent reviews from users and many of them are using them to travel short distances in the city. Hopefully, this will help solve the last mile connectivity problem the city has,” said a senior official from Chennai Smart City, which is implementing this project through a vendor.

Vandalism is an issue
While the Cycle Sharing System is picking up, vandalism is an issue that the Corporation and vendor must nip at the bud to ensure sustainability of the project. Officials in the corporation and from the vendor, claimed that around 25 bicycles of the 250-cycle-fleet have been vandalised since the launch.


They said at least six bicycles have been thrown into the sea at Marina. “We had to fish these cycles out. Luckily we had GPS to assist us,” said an official from the vendor, claiming that users are attempting wheelies and other stunts. There have been instances of people taking the bicycles home and riding rashly, leading to accidents. “We had to bring back a cycle from Tambaram after the user failed to return it after a day,” said an official.

Corporation officials claimed that the vandalism levels have not reached “alarming stages” but are apprehensive about instituting deterrents such as fines, fearing it will hamper the growth of the system. However, the vendor said they will be levying fines in coming days.
Cab driver risked own life to help stranded Indian
Siddharth.Prabhakar@timesgroup.com

Chennai:23.04.2019

On Sunday morning, when 25-year-old Ashwin Rangarajan, a finance consultant from Bengaluru, realised that there were bomb blasts in Colombo, one of them a few km from the hostel he was staying, it was like his worst fears had come true. With panic all around and the hostel staff locking the gates on rumours of a terrorist roaming in the area, he did not know if he could make it to the airport in time. His flight back to India was scheduled to take off 12 hours later.

However, on Monday morning Ashwin reached Bengaluru safe and sound and he had one person to thank. He was Irfan, an Uber cab driver who brushed aside his own fear and drove Ashwin to the airport. The 45-km drive to Colombo airport, was no longer safe as tensions were high after several bombs rocked the island nation on Sunday. A Muslim of Tamil origin, Irfan feared reprisal attacks after local Muslims were suspected to be involved in the terror attacks. He was on the verge of cancelling after accepting the trip.

“My mother had made the booking from Chennai as I couldn’t get one despite trying for 25 minutes. Internet services in Sri Lanka were also about to be turned off. She called him up and pleaded with him to accept the trip and drive me to safety,” Ashwin told TOI.

Though Irfan’s family had asked him to return home, he assured Ashwin’s mother that come what may he would drop her son to the airport. “As soon as I boarded the cab, he (Irfan) told me not to worry and promised that all will be fine,” Ashwin said. Ashwin recalled that Irfan got frequent phone calls from his family, who were telling him to be careful as there were rumours of Muslims being targeted. Apart from Irfan, the staff at the hostel also turned out to be heroes as they advised him to stock up on essential goods as soon as news of the blasts broke. “They locked the gates and kept us safe,” said Ashwin.

Tahsildar row: Election official holds inquiry

Madurai:23.04.2019

Additional chief electoral officer M Balaji on Monday conducted a detailed inquiry into the entry of a woman tahsildar into a room adjoining the strong room at the Madurai Medical College where electronic voting machines are kept after the April 18 Lok Sabha elections.

Balaji, who arrived here in the morning, held inquiries with election officer and district collector S Natarajan, tahsildar Sampooranam, top police officials and all those had been on poll duty.

Balaji told reporters that he had inspected the strong room and found security to be satisfactory. The three-tier security was adequate and it had been tightened, he said. Balaji said he would send an inquiry report to the state chief electoral officer and the Election Commission of India. Sampoornam, personal assistant to the assistant returning officer (ARO) in the Madurai West constituency, allegedly entered the room on Saturday. She allegedly took some documents outside the room and photocopied.

The district collector sent a report to the chief electoral officer on Sunday, following which Sampoornam and three others were placed under suspension.

The candidates, who contested the Madurai Lok Sabha election - CPM’s Su Venkatesan, AIADMK’s V V R Raj Satyan, AMMK’s K David Annadurai, NTK’s J Pandiammal and MNM’s M Alagar met the additional chief electoral officer and made their representations.

Su Venkatesan said he had sought the transfer of the collector and returning officer before the counting as he had lost confidence in fair counting if the same officer continued. He said the issue would not have become big if the higher officials including the collector and DRO had responded to their calls and arrived at the counting hall immediately. Satyan said that it should made clear as to why the tahsildar was in the room on Saturday, and that the matter should be dealt with legally.

Meanwhile, representatives of the government employees’ associations from the district collectorate and Madurai Corporation met the officer and sought that the suspension of the tahsildar should be revoked.
Bogus report case: No leniency should be shown, says court
CoP Seeks More Time For Final Report


TIMES NEWS NETWORK

Chennai:23.04.2019

Rejecting the state’s request to close suo motu contempt of court proceeding initiated against the member secretary of the Tamil Nadu Uniformed Service Recruitment Board (TNUSRB) for filing a bogus ‘expert opinion’ in the court, the Madras high court on Monday made it clear that no leniency should be shown during the probe conducted by the Chennai police commissioner.

“This court has no iota of doubt and made it clear that no leniency or misplaced sympathy shall be shown in respect to all the persons concerned in the matter of investigation irrespective of their cadre, post or status. All concerned must be examined, investigated and interrogated, wherever necessary for the purpose of digging out the truth behind the incidents as well as the queries raised in the suo motu contempt proceedings,” Justice S M Subramaniam said.

The issue pertains to a plea moved by an unsuccessful candidate for recruitment to post of sub-inspector (fingerprint) conducted by the TNUSRB. Though the plea was dismissed on the basis of an ‘expert opinion’ produced by the board, later it came to light that the ‘opinion’ was bogus.

Taking serious view of the issue, the court initiated contempt of court proceeding against the member secretary of the board and directed the Chennai commissioner to conduct a probe and file reports to the court.

When the plea came up for hearing on Monday, the commissioner filed a comprehensive report in respect to the investigations done and sought further time to get appropriate report from the forensic department and to file a final report.

G V Kumar, a psychologist arrested in connection with the scam, submitted that the documents furnished by him are yet to be examined by the investigating officers and that certain documents were created by the police officers of the board by obtaining signatures in blank papers from him.

Recording the submissions, the judge said, this court is of the considered opinion that the commissioner is entrusted with the responsibility of monitoring the investigation and therefore, there may not be any ambiguity or difficulty in interrogating all the officials, who all are connected with the issues.

“It is made clear that all officials, including the high-ranking officials, are to be questioned by the commissioner, if necessary with reference to the documents and the materials submitted by the respective parties concerned,” Justice Subramaniam said and adjourned the plea to September 6.

In the meantime, another judge of the court granted bail to Kumar, who was arrested and remanded to judicial custody on April 1 by the Chennai CCB.



The issue pertains to a plea moved by an unsuccessful candidate for recruitment to post of sub-inspector (fingerprint) conducted by the TNUSRB
‘Suicide’ of man turns out to be murder by 4 of own family

TIMES NEWS NETWORK

Chennai:23.04.2019

A reported case of ‘suicide’ of a man has now turned out to be a cold-blooded murder by his own family members.

The man was attacked and killed by his own family, as he had been creating nuisance in a drunken state.

Now, a retired government official, his wife and two other sons, who murdered Mahesh, 28, and then hung his body to pass it off as suicide, have been arrested by police.

The issue came to light after doctors who performed autopsy confirmed that Mahesh should have died before he was hung from the ceiling.

Investigation officers then started probing the matter and questioned Mahesh’s family members about the incident. During interrogation, Mahesh’s brothers — Mohanavel, 31, and Ramesh, 26 —gave contradictory statements.

Intense interrogation thereafter brought out the circumstances under which Mahesh was murdered by his own family members.

Mahesh, worked at a private firm in Singapore had returned to Kancheepuram two months ago. He consumed liquor and started arguing with his parents and brothers. An investigation officer said: “Mahesh had lost his job because he was an alcoholic and returned to his home in Ayyampettai village at Kancheepuram. He used to come home drunk every day and create problems in the vicinity.” On Friday, Mahesh returned home around 10pm and picked up a fight. On learning about the incident, Mohanavel and Ramesh rushed home and tried to convince him. As Mahesh tried to hit his father with a wooden plank, his brothers snatched it from him and hit him and pushed him down.

Mahesh hit a stone on the ground and fainted. On realising that he had died, the family, in order to cover up the offence, hung his body inside the house and staged a suicide drama.

Wallajahbad police have arrested the vitcim’s father Mani, 62, mother Tamizh Selvi, 55, and brothers Mohanavel and Ramesh. They were produced before a magistrate court in Kancheepuram and remanded in judicial custody.

A retired government official, his wife and two other sons, who murdered Mahesh, 28, and then hung his body to pass it off as suicide, have been arrested
Don’t be scared if you can’t find your shadow at noon tomorrow

TIMES NEWS NETWORK

Chennai:23.04.2019

Step out in the Sun on Wednesday around noon and find your shadow right under you, as it is Zero Shadow Day, a phenomenon that happens twice a year in the city. The shadow cast will be almost zero at around 12.07pm when the Sun crosses the local meridien, an imaginary line connecting north, south and overhead.

This year, a group of 60 city students will get together to measure the longest and shortest shadow. They will gather at the Tamil Nadu Science and Technology Centre (TNSTC) at Kottupuram, which houses the Birla Planetarium.

S Soundarajaperumal, executive director (incharge), TNSTC, said experts would be present to help the students interpret the measurements they would take, which includes studying the radius of the earth, its linear rotational velocity, which varies at different latitudes, and the axial tilt. For interpretation, measurements taken in other cities such as Bengaluru and Mangaluruwill also be taken into account.

“When the sun has its declination equal to the latitude of the place, then the Sun is at its zenith because of the tilt of the Earth’s axis. On April 24, the Sun’s declination will be at 13 degrees and cities such as Chennai, Bengaluru and Mangaluru are at 13 degree latitude. So, these cities can see zero shadow,” he said.

Every location on earth between the Tropics of Cancer and Capricorn will witness this phenomenon twice a year. In India, this happens between April and September.

Soundarajaperumal said students would assemble at the Birla Planetariums in Bengaluru andMangalurutootoconduct similar measurements. However, the time at which the shadow may be shortest will not be the same as in Chennai. “For one degree rotation, the earth takes four minutes. So, after Chennai sees shortest shadow, it will be followed by Bengaluru, which may take 10 minutes or so and then Mangaluru. ” he said.

Jump to see the shadow right under or a pipe or pole couldbeerected perpendicular to the ground, say experts.

Monday, April 22, 2019

10 Important Judgments on Service Law in India

 https://www.vakilno1.com/legal-news/10-important-judgments-on-service-law-in-india.html

March 15, 2018
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March 15, 2018

Departmental Inquiry shall Conclude within 6 Months

Case name: Prem Nath Bali v. Registrar High Court of Delhi

In this case, the disciplinary proceedings, which commenced in the year 1990, continued for more than nine years. Pending disciplinary proceedings, the appellant sought revocation of suspension order but such representation made by the appellant was not considered.

The Supreme Court in the case took a strong note of the undue delay caused in disciplinary proceedings. The Court stated that due to such unreasonable delay, the appellant naturally suffered a lot as he had to survive only on suspension allowance for a long period of 9 years.

Other key observations made by the Court in the case are:

That it is the duty of the employer to ensure that the departmental inquiry initiated against the delinquent employee is concluded within the shortest possible time by taking priority measures.

That in cases where the delinquent is placed under suspension during the pendency of such inquiry then it becomes all the more imperative for the employer to ensure that the inquiry is concluded in the shortest possible time to avoid any prejudice to the rights of the delinquent employee.

That every employer (whether State or private) must make sincere endeavor to conclude the departmental inquiry proceedings once initiated against the delinquent employee within a reasonable time by giving priority to such proceedings and as far as possible it should be concluded within six months as an outer limit.

Where it is not possible for the employer to conclude due to certain unavoidable causes arising in the proceedings within the time frame then efforts should be made to conclude within reasonably extended period depending upon the cause and the nature of inquiry but not more than a year.

The entire case can be accessed here.

Delhi HC on Sexual Harassment at Workplace

Case name: Shanta Kumar v. Centre of Scientific and Industrial Research & Ors.

In this recent ruling, the Delhi High Court was confronted with an alleged case of sexual harassment at workplace.

The Court made following observations in the case:

That undoubtedly, physical contact or advances would constitute sexual harassment provided such physical contact is a part of the sexually determined behaviour. Such physical contact must be in the context of a behaviour which is sexually oriented. Plainly, a mere accidental physical contact, even though unwelcome, would not amount to sexual harassment.
That a physical contact which has no undertone of a sexual nature and is not occasioned by the gender of the complainant may not necessarily amount to sexual harassment.
That all physical contact cannot be termed as sexual harassment and only a physical contact or advances which are in the nature of an “unwelcome sexually determined behaviour” would amount to sexual harassment.

The entire case can be accessed here.

Departmental Enquiry on Vague Charges shall be Vitiated

Case name- Shri Anant R. Kulkarni v. Y.P. Education Society & Ors.

In this case, the Supreme Court made some key observations pertaining to disciplinary proceedings which enumerated below:

That once court sets aside an order of punishment on the ground that enquiry was not properly conducted, Court should not preclude employer from holding the enquiry in accordance with law. It must remit the case to disciplinary authority, to conduct enquiry from the point it stood vitiated, and to conclude the same in accordance with law. However, resorting to such a course depends upon gravity of delinquency involved.

Court/tribunal should not generally set aside departmental enquiry, and quash charges on the ground of delay in initiation of disciplinary proceedings, as such a power is de hors the limitation of judicial review. While setting aside a departmental enquiry, the Court must take into consideration all relevant facts, and balance and weigh the same, so as to determine, if it is in fact in the interest of clean and honest administration that proceedings are allowed to be terminated, only on the ground of a delay in their conclusion.

Departmental Enquiry on vague and unspecified charges – In this context, the Supreme Court held that a delinquent shall not be served a charge sheet, without providing him, a clear, specific and definite description of charge against him.

Departmental Enquiry against retired employee– In this case, the Court also enumerated the circumstances when departmental enquiry could be conducted against retired employee. The Court held that relevant rules governing the service conditions of an employee are determining factors as to whether and in what manner domestic enquiry can be held against an employee who stood retired after reaching the age of superannuation. Generally, if the enquiry has been initiated while the delinquent employee was in service, it would continue even after his retirement, but nature of punishment would change. The punishment of dismissal/removal from service would not be imposed.

The entire case can be accessed here.

Promotion available during Claimant’s period of extension of service can’t be granted to the Claimant

Case name: H.M. Singh v. Union of India, (2014) 3 SCC 670

This case dealt with service Law Promotion Entitlement to promotion during period of extension of service. In the case, the appellant’s claim for promotion to post of Lt. General was rejected on ground that he was on extension of service.

In view of the aforesaid, the Supreme Court held that in situations wherein an officer attains the age of retirement without there being a vacancy for his consideration to a higher rank, even though he is eligible for the same, such an officer who is granted extension in service, cannot claim consideration for promotion, against a vacancy which has become available during the period of his extension in service.

The entire case can be accessed here.

Non-Supply of Inquiry Report to the delinquent employee in disciplinary proceedings

Case name: Uttarakhand Transport v. Sukhveer Singh

In this case, the Supreme Court has primarily ruled on the legal principle of Non-Supply of Inquiry Report to the delinquent employee in disciplinary proceedings and the consequences that follow when the delinquent employee has not been prejudiced by non-supply of inquiry report prior to the issuance of show cause notice.

Key observations by the Supreme Court are enumerated below:

That Non-supply of Inquiry Report does not automatically results in Re-instatement of Delinquent Employee- When the employee is dismissed or removed from service and the inquiry is set aside because the report is not furnished to him, in some cases the non-furnishing of the report may have prejudiced him gravely while in other cases it may have made no difference to the ultimate punishment awarded to him. Hence to direct reinstatement of the employee with back-wages in all cases is to reduce the rules of justice to a mechanical ritual. The theory of reasonable opportunity and the principles of natural justice have been evolved to uphold the rule of law and to assist the individual to vindicate his just rights. They are not incantations to be invoked nor rites to be performed on all and sundry occasions. Whether in fact, prejudice has been caused to the employee or not on account of the denial to him of the report, has to be considered on the facts and circumstances of each case. Where, therefore, even after the furnishing of the report, no different consequence would have followed, it would be a perversion of justice to permit the employee to resume duty and to get all the consequential benefits.
That acts of corruption/misappropriation cannot be condoned, even in cases where the amount involved is meagre.

The entire case can be accessed here.

In Absence of Disciplinary Authority, Charge Sheet becomes Non est

Case name: Union of India v. B.V. Gopinath, (2014) 1 SCC 351

In this case, the Supreme Court in view of the facts and circumstances of the case, clearly stated that in absence of approval of disciplinary authority, charge memo/charge-sheet becomes non est and hence is liable to be quashed.

It was further held that all decisions regarding approval, modification/amendment, dropping of charge memo have to be taken by disciplinary authority for initiation of disciplinary proceedings. Hence, disciplinary authority alone is required to exercise that power, otherwise, it would go against established maxim delegatus non potest delegare.

The entire case can be accessed here.

7. Jobs Secured on the basis of Fake Caste Certificates to be Rendered Invalid

Case name: Managing Director FCI and Ors. v. Jagdish Balram Bahira and Ors.

Recently, the Supreme Court was confronted with a batch of petitions involving individuals who sought the benefit of public employment on the basis of a claim to belong to a beneficiary group which upon investigation was found to be invalid. In the case Supreme Court has rendered an elaborate explanation of usurpation of constitutional benefits by persons who do not genuinely belong to beneficiary groups.

The crux of Apex Court’s ruling in the instant case was that when a person who does not belong to a caste, tribe or class for whom the reservation is meant, seeks to pass off as its member, such a stratagem constitutes a fraud on the Constitution. Public employment is a significant source of social mobility. Access to education opens the doors to secure futures. As a matter of principle, in the exercise of its constitutional jurisdiction, the court must weigh against an interpretation which will protect unjust claims over the just, fraud over legality and expediency over principle

The Court broadly discussed the following issues in the case:

Whether a person who has secured the benefit of public employment or admission to an educational institution on a reserved quota is entitled to retain the benefits obtained despite the invalidation of the claim to belong to the tribe or caste?

Whether there should be a retrospective application of withdrawal of benefits secured on the basis of a caste claim which has been found to be false?

Whether the dishonest intent is a requisite for withdrawal of benefits secured on the basis of a caste claim which has been found to be false?

The Court at length discussed the proposition as laid down by the Supreme Court in the cases of Kavita Vasant Solunke vs. State of Maharashtra and Shalini Gajananrao Dalal v. New English High School Association. In these case, the Court ruled that candidates who honestly and correctly claimed to belong to a particular Scheduled Caste/Scheduled Tribe but were later on found by the relevant authority not to fall within the particular group envisaged for protected treatment would not be negated of the benefits already enjoyed by them and would continue in service. However, such candidates would be disentitled to claim any further or continuing benefit on the predication of belonging to the said Scheduled Caste/Scheduled Tribe.

The Apex Court in the instant case overruled the aforesaid finding of the Court and stated that the principles as settled in Kavita Solunke and Shalini case were not correct and might lead to serious consequences.

The entire case can be accessed here.

SC’s Guidelines for Employer in case of Suppression of Information by Employee

Case name: Avtar Singh v. Union of India

In this case the Court considered the cleavage of opinion in various decisions on the question of suppression of information or submitting false information in the verification form as to the question of having been criminally prosecuted, arrested or as to pendency of a criminal case.

The Apex Court in the case laid down the following guidelines for the employer and stated that any of the following recourse appropriate to the case may be adopted: –

In a case trivial in nature in which conviction had been recorded, such as shouting slogans at young age or for a petty offence which if disclosed would not have rendered an incumbent unfit for post in question, the employer may, in its discretion, ignore such suppression of fact or false information by condoning the lapse.

Where conviction has been recorded in case which is not trivial in nature, employer may cancel candidature or terminate services of the employee.


If acquittal had already been recorded in a case involving moral turpitude or offence of heinous/serious nature, on technical ground and it is not a case of clean acquittal, or benefit of reasonable doubt has been given, the employer may consider all relevant facts available as to antecedents, and may take appropriate decision as to the continuance of the employee.


In a case where the employee has made declaration truthfully of a concluded criminal case, the employer still has the right to consider antecedents, and cannot be compelled to appoint the candidate.

In case when fact has been truthfully declared in character verification form regarding pendency of a criminal case of trivial nature, employer, in facts and circumstances of the case, in its discretion may appoint the candidate subject to decision of such case.
In a case of deliberate suppression of fact with respect to multiple pending cases such false information by itself will assume significance and an employer may pass appropriate order cancelling candidature or terminating services as appointment of a person against whom multiple criminal cases were pending may not be proper.
If criminal case was pending but not known to the candidate at the time of filling the form, still it may have adverse impact and the appointing authority would take decision after considering the seriousness of the crime.
In case the employee is confirmed in service, holding Departmental enquiry would be necessary before passing order of termination/removal or dismissal on the ground of suppression or submitting false information in verification form.
For determining suppression or false information attestation/verification form has to be specific, not vague. Only such information which was required to be specifically mentioned has to be disclosed. If information not asked for but is relevant comes to knowledge of the employer the same can be considered in an objective manner while addressing the question of fitness. However, in such cases action cannot be taken on basis of suppression or submitting false information as to a fact which was not even asked for.
Before a person is held guilty of suppressio veri or suggestio falsi, knowledge of the fact must be attributable to him.

Compassionate Appointment cannot be claimed as a matter of right

Case name: Rajasthan State road Transport Corporation and ors. v. Revat Singh

In this case, the Supreme Court while relying on its decisions in the case of I.G.(Karmik) and others vs. Prahalad Mani Tripathi and Steel Authority of India Limited v. Madhusudan Das, held that compassionate appointment cannot be granted to a post for which the candidate is ineligible. It was further held in said case that even though higher post was applied for on Page 5 Page 5 of 8 compassionate ground, when a lower post offered considering qualification and eligibility as per rules was accepted by the candidate, he cannot claim higher post.

The Court also noted that the appointment on compassionate ground cannot be claimed as a matter of right. It must be provided for in the rules. The criteria laid down i.e. the death of the sole bread earner of the family, must be established. It is meant to provide for a minimum relief. When such contentions are raised, the constitutional philosophy of equality behind making such a scheme be taken into consideration. Articles 14 and 16 of the Constitution of India mandate that all eligible candidates should be considered for appointment in the posts which have fallen vacant. Appointment on compassionate ground offered to a dependent of a deceased employee is an exception to the said rule. It is a concession, not a right. (SBI v. Anju Jain, (2008) 8 SCC 475)

The entire case can be accessed here.

Departmental Inquiry is no Ground to Deny Pension or Subsistence Allowance to Employee

Case name: UCO Bank & Ors. v. Rajendra Shankar Shukla

In the case, the Supreme Court made a scathing attack on the Appellant Bank in view of illegalities in departmental inquiry against the Respondent Employee including the fact that the Respondent employee was denied even the subsistence allowance during the pendency of the inquiry against him.

In the case, the Bench considered the question of law on access to justice in a departmental inquiry. The Court opined that the Respondent was not given a fair opportunity to defend himself by denying him financial resources.

The Apex Court in the case held that an employee is entitled to subsistence allowance during an inquiry pending against him or her but if that employee is starved of finances by zero payment, it would be unreasonable to expect the employee to meaningfully participate in a departmental inquiry. Access to justice is a valuable right available to every person, even to a criminal, and indeed free legal representation is provided even to a criminal. In the case of a departmental inquiry, the delinquent is at best guilty of a misconduct but that is no ground to deny access to pension or subsistence allowance.
Judgments on Welfare of Senior Citizens
 
October 29, 2018 


https://www.vakilno1.com/legal-news/judgments-on-welfare-of-senior-citizens.html



October 29, 2018

Senior Citizens are an integral part of society. Their vast experience and teachings have always enriched families and societies. Since time immemorial presence of senior citizens in families have made relations healthier and stronger. However, recently there have been end number of incidents when senior citizens have been boycotted by their very own families and have been deprived of even basic necessities of life. Many senior citizens have also been forced to leave their own homes and seek shelter in old-age homes. In view of such adversaries, legislature had formulated the law Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Senior Citizen Act) and the Judiciary has also in the recent times passed verdicts which further strengthen their rights and position in society.

We have posted this article, so that senior citizens are aware of their rights and raise their voice in the event of any such atrocities inflicted on them.

Can Senior Citizens Evict Children from their Home?

Case name: Dattatrey Shivaji Mane v. Lilabai Shivaji Mane & ors.

In this recent case, the Bombay High Court while highlighting the object of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Senior Citizen Act) held that the Act permits a senior citizen including parent who is unable to maintain himself from his earning or out of property owned by him and if such senior citizen is unable to lead a normal life to apply for such relief i.e. eviction under Section 4 of the Act not only against his children but also the grandchildren.

In the case, the Respondent mother had filed a complaint against the petitioner (her son) inter alia praying for maintenance and eviction of the petitioner on various grounds. The Tribunal passed an order directing the petitioner and his other family members to evict themselves from the said tenement under Section 4 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Senior Citizen Act). It would be relevant to mention here that the impugned premises exclusively belonged to the Respondent mother.

Aggrieved by the aforesaid order, the Petitioner instituted writ petition before the High Court of Bombay contending that since the petitioner has been allegedly maintaining the respondent no.1 for last several years, no order of eviction could be passed by the tribunal under Section 4 of the Senior Citizen Act.

The High Court of Bombay upheld the Tribunal’s order in view of the following observations: 


That the respondent no.1 has produced sufficient material on record showing that the respondent no.1 has been harassed by the petitioner and his family members for last several years. That Section 4 of the Act permits a senior citizen including parent who is unable to maintain himself from his earning or out of property owned by him and if such senior citizen is unable to lead a normal life to apply for such relief not only against his children but also the grandchildren.
While arriving at its decision, the High Court heavily relied on the case of Sunny Paul & Anr. Vs. State Nct of Delhi & Ors., wherein it was held that that the claim for eviction is maintainable under Section 4 of the said Act read with various other provisions of the said Act by a senior citizen against his children and also the grandchildren.
That the Senior Citizen said Act is enacted for the benefit and protection of senior citizen from his children or grandchildren.
That while interpreting the provisions, object of the Act has to be kept in mind which is to provide simple, inexpensive and speedy remedy to the parents and senior citizens who are in distress, by a summary procedure. Thus, the provisions have to be liberally construed as the primary object is to give social justice to parents and senior citizens.
With reference to the facts of the instant case, the High Court opined that the respondent mother could not be restrained from recovering exclusive possession from her son or his other family members for the purpose of generating income from the said premises or to lead a normal life.

In view of the aforesaid observations, the High Court directed the petitioner and other occupants i.e. his wife, son and daughter hand over the vacant possession to Respondent within 2 weeks.

The entire case can be accessed here.

Uttarakhand HC: Every Senor Citizen has Right to Live with Dignity

Case name: Senior Citizen Welfare Organization & another v. State of Uttarakhand & Anr.


In this case, the High Court of Uttarakhand while recognizing the failure of State to maintain adequate old age homes for the senior citizens in the State has issued a slew of mandatory directions.

In the case, the Petitioner is a registered Society who have instituted this petition with the object to protect the rights of the senior citizens as per the provisions of the Maintenance and Welfare of the Parents and Senior Citizens Act, 2007 (the Act).

The Petitioner in the case alleged that as per Section 19 of the Act old age homes is to be established in each district of the State of Uttarakhand. Section 19 ordains the State Government to establish and maintain such number of old age homes at accessible places at least one in each district to accommodate minimum 150 senior citizens who are indigent. However, the Respondent State has established only two old age homes.

The Two-Judge of the Uttarakhand High Court while taking a strong note of the prevailing situation made the following observations in the case: 


That according to the language of Section 19, the State Government is required to establish old age homes in each district and also to prepare a Scheme as per Section 19(2) of the Act, 2007.
That the State Government should establish the old age homes at its own level instead of relying upon NGOs or Societies. The State Government has to discharge the burden placed on it under Section 19 of the Act, 2007 and it cannot be permitted to pass on the responsibilities upon the NGOs for better management of the old age homes.


That it is the duty of the State Government to provide beds for all senior citizens in government aided hospitals. There is requirement of separate queues for senior citizens. The facility for treatment of degenerated diseases is required to be extended to senior citizens.
That every senior citizen has a fundamental right to live with dignity. It is the duty cast upon the State Government to protect the life, liberty and property including dignity and decency of senior citizens. They cannot be permitted to be left unattended in the twilight of their lives. Ours is a welfare and socialist state and it is expected that every senior citizen should live in a dignified manner with the assistance to be provided by the State Government.

The High Court in the case also issued a slew of mandatory directions for the establishment and maintenance of old age homes in India:

The State Government is directed to establish old age home in each district of the State of Uttarakhand within a period of six months. It is made clear that it shall be open to the State Government to hire private accommodation, as a temporary measure.
The State Government is directed to make a scheme for management of old age homes within a period of eight weeks from today as per Section 19(2) of the Act.
The State Government is directed to ensure to provide sufficient number of beds for senior citizens in each Government hospital or hospitals funded by the State Government.
The State Government is further directed to ensure that all the senior citizens in the State of Uttarakhand are provided free treatment including blood test, CT scan, MRI and other tests at Govt. hospitals.
The respondent-State shall upgrade the facilities to be provided in old age homes from time to time including the strength of the inhabitants.
The State Government is also directed to give due publicity to the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 in print media, electronic media including through Panchayati Raj institutions for the awareness of the enactment as per Section 21 of the Act, 2007.
The State Government shall provide the facilities to the senior citizens as per the Rules.
The State Government shall provide separate accommodation for men and women including sufficient potable water, electric fans, coolers/ AC, separate kitchen, dining room, separate bathroom for disabled senior citizens.
The State Government is also directed to provide wheel chair, television, newspaper and books in old age homes.
The State Government is also directed to provide ramp railing to the senior citizens including telephone service.
The State Government is also directed to provide balanced nutritious food, two sets of clothes for summer and winters, linen, sufficient number of sweepers for maintaining hygiene and cleanliness in old age homes.
The senior citizens in case of emergency shall be taken to the nearest hospital for treatment. The cost of conveyance shall be borne by the State Government including the medical expenditure as well as of ambulance.
The Circle Officers of the respective area are directed to maintain vigil in and around the old age homes.
The State Government is directed to protect the life and property of the senior citizens as provided under Rule 20.
The Secretary, Welfare to the State of Uttarakhand shall be personally responsible to implement the orders and monitor the directions issued hereinabove.

Right of Senior Citizen over Immovable Property and Eviction of Abusive Children

Case name: Pramod Ranjankar & Anr. v. Arunashankar & ors.

In the instant case, the two senior citizens i.e. Petitioners alleged of physical assault and torture by their son and daughter-in-law (Respondents) by not providing them food, medicine and also confining them to a corner of their own house.

On complaint of the Petitioners, the JMFC took cognizance of the case and found that prima facie case is made out under Section 24 of The Maintenance and Welfare of the Parents and Senior Citizens Act, 2007 (Act) against the respondents. Subsequently, notices were issued to respondents and while such proceeding was pending an application was filed by Petitioner seeking interim relief for of the eviction of Respondents from the house. It was categorically stated that disposal of pending criminal case which is registered may take some time, therefore, the son and daughter should be ousted from the house to protect the petitioners.

However, the Lower Court held that when the petition filed under Section 24 of the Act was pending, ejectment cannot be passed by the Court.

Section 24 of the Act provides that whoever is responsible to care for senior citizen leaves such senior citizen with the intention to abandon him then he shall be punished.

Section 23 of the Act enumerates the circumstances under which a transfer of property by a senior citizen shall be rendered void on consequent misbehavior by the transferee.

Bench’s Verdict

The High Court of Chhattisgarh in the case directed the respondents to evict their parents’ house on the basis of following observations in the case:

Liberal Interpretation of Section 24- That reading of Section 24 would show that it started with opening words “the exposure and abandonment of senior citizen” meaning thereby the entire object is to protect the senior citizen. That having regard to the object of the Act and the intention of the legislature, there is no reason or justification or indication to restrict the meaning and scope of the word protection.

That reading of section 24 of the Act shows that it gives protection to the senior citizens in any place if they are abandoned and the said act is punishable with imprisonment of 3 months or fine thereby the person who intentionally abandons a senior citizen is liable for punishment. Reading of the above provision shows that it is intended to provide for a preventive remedy for the safety of senior citizen which can be granted quickly.

Transfer to be Void if Basic Needs to Transferor is not Provided- That a combined reading of Sections 23 and 24 of the Act would show that even if the property has been transferred by way of a gift or otherwise to the transferee, in lieu of such transfer of property the transferee has to provide basic amenities and physical needs to the transferor and if the transferee refuses or fails to provide such amenities and needs, the said transfer can be annulled.

That the object of the Act, 2007 calls for a simple, speedy but limited relief and seeks to ensure that the parents are not shelved as a commodity or a good under the scrap/heap of society and allow the children to sail on their immorality for their own subsistence.

Magistrate’s Duty under Section 22 of the Act- The jurisdiction conferred by Section 22 on the Magistrate is more in nature of a preventive, rather than a remedial jurisdiction. In view of this, it is the duty of the Magistrate to interpret the provisions in such a way that the construction placed on them would not defeat the very object of the legislation.

That in the absence of any express prohibition, it is appropriate to construe the provisions as conferring an implied power on the magistrate to direct the person against whom an application is made under Section 24 of the Act not to harm the senior citizen also.

That it is not expected that a senior citizen will run from pillar to post and the assault and abuses would be allowed to be continued in the same house till the petition u/s 24 is decided on merits.

Right over Immovable Property- The High Court also made reference to Supreme Court’s judgment in the case of Sunny Paul and another v. State NCT of Delhi, wherein it was held that the direction of eviction is a necessary consequential relief or a corollary to which a senior citizen would be entitled upon a transfer being declared void thereby the right over the immovable property, possession and ejectment thereof has been recognized which are incidental and ancillary.

In view of the aforesaid, the High Court while allowing the Petitioner’s interim application for eviction opined that the anxiety to stop the right of the abuse of senior citizen is to be made effective as otherwise it would be a symbolic collapse of the legal system by not responding to the request or by adhering to the dummy mode by Courts.

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