Runaway couples cautioned

Think twice before ‘rebellion marriage’, says High Court

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

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

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

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

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

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

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

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

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

Private unaided minority institutions get exemption
New Delhi, April 12

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

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

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

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

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

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

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

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

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

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

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

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

Anand Marriage Act gets Cabinet approval

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

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

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

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

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

School buses violating Supreme Court guidelines with impunity

Ludhiana, April 11

Authorities of various schools, parents of students and drivers of school vans seem to have not learnt any lesson from previous incidents. They continue to violate the guidelines laid down by the Supreme Court for plying school buses.

The condition of school vans has still not changed. Most of them still remain overcrowded. Lack of fire extinguishers and other safety measures continue to play havoc with the lives of children in the city.

Due to the absence of first-aid boxes, safety grills, fire extinguishers and adequate staff, it becomes too risky to send children in such school vans and auto-rickshaws, which are generally overcrowded. Buses of different colours run on roads without the school’s name inscribed on it. Some of the vans run on LPG cylinders. Moreover, many drivers aren’t even aware of the Supreme Court’s guidelines.

Jaswant Singh, father of two children, said, “Every time when something happens with school buses, the incident leaves an impact on the minds of parents.

But bus operators are ready with excuses every time. Fuel price hike is the permanent excuse of the drivers to justify overloading. When we ask them to improve the condition of buses, they demand more money.” Meanwhile, Navita Puri, principal of Kundan Vidya Mandir School, said, “We have our own buses. But private van operators who are associated with us, sometimes, don’t care about the norms. We often conduct meetings with them to make them aware about the traffic rules and guidelines of the government.”

SC GUIDELINESn Buses should be painted yellow n School bus must be written on its rear and front. n It should have a first-aid box. n It must be fitted with a speed governor. n Windows must have horizontal grills. n It should have a fire extinguisher. n The school name and telephone number must be written on it n Both doors should be fitted with secure locks. n There should be space under the seats for school bags. n There must be an attendant in the bus. n Driver should have at least five years experience of driving heavy vehicles. n A driver, who has been challaned more than twice a year for offences like red-light jumping, violation of lane discipline or allowing an unauthorised person to drive, cannot be employed as per Section 2(47) of the Motor Vehicles Act, 1988.

Facebook in Punjabi a hit among youngsters

Ludhiana, April 11
The announcement that Facebook for mobile phones is going to be launched in eight Indian languages, including Punjabi and Hindi, has brought cheer amongst the youth in and around the city.

There is a sizeable and growing community of people in the region using Punjabi as the language for surfing websites. Youngsters from both rural and urban areas in and around the city are connected on Facebook.

Sarabjit Singh, a BA student, said that he used to write in Punjabi using English alphabets. But the introduction in Punjabi on mobile phones would ease things up. "Regional language written using the English alphabet seems funny and frivolous," he says.

According to the noted Punjabi poet Jaswant Zafar, who is a regular user of the popular social networking website in Punjabi, “There is a vast community of Facebook users in Punjabi, but there was always a constraint of using it on computers. Mobile platform may propel the online use of Punjabi."

Padam Shri awardee Surjit Patar said, "Mobile phones these days are very popular with the youth and so is Facebook. It is good that even while using Facebook on phones, there would be no constraint for people to use the Roman script for sharing and writing Punjabi poetry."

“Such initiatives are aimed at increasing the footprint of social networking sites, but they are also facilitate the growth of the languages as a byproduct,” he said.

UT Municipal Corporation doing little to control stray dog population

Chandigarh, April 11
Ironically, stray dog menace in the city is increasing day by day while at the same time funds allocated by the municipal corporation for controlling the canine population are shrinking every year.

Figure this out, as per the budget report of 2012-13 financial year, the authorities have allocated Rs 5 lakh for the implementation of animal birth control of dog in the city which was Rs 7 lakh in the 2011-12 budget.

The authorities are left wondering whether the funds have been used properly as there is no mechanism to check the number of dogs that have been sterilised by the NGOs every month.

Residents of Sector 21 today met MC Commissioner VP Singh to complaint about the dog menace in the area. They alleged that even though the authorities were claiming that the dogs were being sterilised every month, there was no relief from the menace.

Expressing helplessness, MC medical officer of health BK Salwan stated in the House that there was no government hospital or dispensary where the authorities could sterilise the dogs through surgery.

Nominated councillor DS Sandhu said the budget which should have increased manifold, have seen a downfall. Referring to the increase in the number of stray dogs, he said the department had to hire additional doctors to sterilise the dogs, but with such little amount how could it precede their programme.

A senior official said in 2008, the authorities had hired five organisations, including two NGOs and three private doctors, for sterilising stray dogs, but the programme had failed as the private doctors quit midway. The authorities had failed to pay them money. Resultantly, after 2008 the authorities tried to hire private doctors, but no one agreed to do so.

Recently, UT Adviser KK Sharma also held a meeting with MC Commissioner VP Singh and Mayor Raj Bala Malik along with the NGOs in this regard, but the officials had failed to reach a conclusion.

Sterilisation

As per records, last year 500 stray dogs were sterilised by two NGOs, Society for the Prevention of Cruelty to Animals and People for Animals, whereas there are more than 6,000 dogs in the city. In the recent General House, the MC officials had accepted that they did not have a proper system to check the dog menace in the city.

Finding it strange that the department has not put in efforts to control the population of stray dogs, nominated councillor Major D S Sandhu said why the civic body had hired only two NGOs for the purpose when there were hundreds of veterinary doctors in the city.

Congress councillor and former Mayor Pardeep Chabbra read an e-mail of a resident complaining about the dog menace during the General House .

Bylaws

In 2007, dog bylaws were approved by the MC for checking the menace. But these remained confined to papers.

Complaining about the failure of the MC to execute the dog bylaws approved five years ago, SAD councillor Harjinder Kaur in the House demanded that the medical officer of health should table a report of dog sterilisation every month to know how effectively the bylaws were being implemented.

Dog pound

A proposal was mooted by the department to construct a dog pound on over half an acre of land in Dhanas. The purpose of the pound was to serve as a temporary shelter for ferocious dogs potentially rabid as well as critically sick dogs. But the proposal has not materialised so far as it has not been cleared by the UT chief architect department.

Freak weather baffles city

Chandigarh, April 11
City residents witnessed heavy rain accompanied by strong winds here late last evening. The city came to a halt due to the downpour as the roads leading to the main sectors were filled with water. Strong wind knocked down tree branches in various sectors, including Sectors 27, 15, 22 and 24. There were reports of windscreens of vehicles being smashed in the rain.
The newly constructed road at the NAC, Manimajra, was waterlogged. Strong winds began blowing around 8.30 pm, followed by a dust storm and heavy rain, which lasted for about an hour.
People who had parked their motorcycles in Sector 17 were in for a rude shock when they saw all two rows collapse on their return. Harinder Singh, a bank manager, said: “It seemed someone had broken the pipe of the oil tank of my mobike. I saw another bike whose lights had been smashed.”
Shalini Dogra, a schoolteacher, had a nasty experience when she turned towards Sector 16 from Madhya Marg. The wheel of her car hit a manhole cover lower than the road. In the process, her daughter's head hit the dashboard and began to bleed. She had to rush her daughter to a private clinic, she said.
The dust in the air resulted in poor visibility.
RD Sharma, a resident of Sector 30, said: “We have been hearing about an earthquake in Indonesia which measured 8.6 in magnitude. People in the coastal areas of our country are fleeing their homes. The winds here today were also not normal. It could have been a possible impact.”
Weather experts have predicted that barring some drizzle in certain pockets of Punjab and cloud formations in the tricity region, weather is likely to improve within the next 24 hours. There would also be an increase in the day temperatures.