07092018-TTC-01.qxd 07-09-2018 01:21 Page 1 13 chandigarh | gurugram | jalandhar | bathinda | jammu | srinagar | vol.2 no.247 | 16 pages | ~4.50 | regd.no.chd/0006/2018-2020 established in 1881 | friday, september 7,2018 PROTESTS, VIOLENCE IN UTTAR PRADESH DURING BHARAT BANDH PAGE 7 TRUMP’S ACTIONS ‘DETRIMENTAL’ TO USA’s HEALTH, SAYS ANONYMOUS OFFICIAL PAGE 13 /thetribunechd THE TRIBUNE RELIEF FUND FOR KERALA Can’t violate rights Constitutional morality cannot be martyred at the altar of social morality. The veil of social morality can’t be used to violate rights of even a single individual. ❝ Justice Dipak Misra, CHIEF JUSTICE OF INDIA An Appeal to Readers The flood fury of the Western Ghats has drowned the beautiful coastal state of Kerala in a sea of sorrow. The Tribune readers have always shown their magnanimity during such calamities in the past. The Tribune Trust, which has decided to contribute ~20 lakh, appeals to its readers to donate generously. Your donation will make a difference to the families of those who have lost their lives and homes. The names of all those who donate ~500 and above will be published. All such donations are eligible for deduction under Section 80-G of the Income Tax Act. Donations should be in the form of crossed cheques or demand drafts in favour of the Prime Minister’s National Relief Fund and sent to The Tribune Trust, Sector 29-C, Chandigarh – 160030 or to The Tribune offices in various cities. All donations will be duly sent to the Prime Minister’s National Relief Fund. While making the donation, please clearly mention your name, address and PAN number. — The Tribune Trust IN BRIEF Punjab seeks extension in DGP Arora’s service Chandigarh: The Punjab Government is learnt to have written to the Centre seeking extension for DGP Suresh Kumar Arora, who is superannuating on September 30. The request for extension to the 1982-batch IPS officer has reportedly been moved after consulting the MHA, the cadre controlling authority. Rules permit a threemonth extension in service. TNS History owes apology History owes an apology to the members of this community for the delay in providing redressal for the ignominy and ostracism suffered through centuries. Justice Indu Malhotra ❝ New Delhi: The Congress on Thursday called a Bharat Bandh on September 10 to protest soaring fuel prices. The call has been given for 9 am to 3 pm to “avoid inconveniencing the public”. It would coincide with district and state-level protests by leaders, who are demanding inclusion of petrol and diesel under GST. TNS Farooq questions Modi’s sincerity on Kashmir issue New Delhi: Former J&K CM Farqooq Abdullah alleged PM Modi was not “sincere” as regards solving the Kashmir issue. “It’s one thing to enunciate Insaniyat and Kashmiriyat from the Red Fort, but another when it comes to its implemention.” TNS /thetribunechd www.tribuneindia.com Instinct to love caged The human instinct to love was caged by constraining the physical manifestation of sexuality because of colonial law… 158 years is too long a period to suffer. Justice DY Chandrachud ❝ Manifestly arbitrary Sec 377 is manifestly arbitrary. Given studies, legislation that recognise that gays do not suffer from mental disorder, it must be held to be an irrational provision. Justice RF Nariman ❝ Tribune News Service Chandigarh, September 6 Rattled over the clampdown by the Government of India on the online secessionist propaganda by US-based advocacy group Sikhs for Justice (SFJ), the latter has warned of initiating legal action against Punjab Chief Minister Capt Amarinder Singh and Union Home Minister Rajnath Singh in any country they visit in the future. Yesterday, the Centre had ❝ Justice Dipak Misra, CHIEF JUSTICE OF INDIA PM Narendra Modi with US Secretary of State Mike Pompeo (L) and Secretary of Defence James Mattis on Thursday. PTI SC de-criminalises gay sex, reads down Section 377 High-end defence Satya Prakash Tribune News Service New Delhi, September 6 In a historic verdict, the Supreme Court today decriminalised homosexual acts between consenting adults in private, bringing cheers to millions of members of the LGBT community who had been hounded for their sexual orientation under Section 377 of the Indian Penal Code that made it a punishable offence. A five-judge Constitution Bench, headed by Chief Justice of India Dipak Misra, read down the British-era law, terming it “irrational, indefensible and manifestly arbitrary”. It reversed the top court’s 2013 judgment which recriminalised consensual gay sex. The 2013 verdict had overturned a 2009 judgment of the Delhi High Court which had de-criminalised homosexual acts between consenting adults in private. The verdict will not reopen concluded cases under Section 377 but can be relied upon in pending matters against the LGBT community members. The five judges wrote four concurring verdicts. While CJI Misra and Justice AM A member of the lesbian, gay, bisexual and transgender (LGBT) community celebrates. AFP Verdict says Sec 377 violated right to equality, non-discrimination & privacy Can still be used in cases of non-consensual homosexual acts and bestiality Ruling not to open concluded cases, can be relied upon in pending matters Khanwilkar delivered one verdict, Justices Rohinton Nariman, Dhananjay Chandrachud and Indu Malhotra wrote separate verdicts. The top court said homosexuality was a type of sexual orientation and not a disease and members of the lesbian, gay, bisexual and transgender (LGBT) community deserved to be treated with human dignity. Terming sexual orientation a “biological phenomenon”, it said any discrimination on this ground was violative of their fundamental rights. Section 377 refers to ‘unnatural offences’ and says whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to 10 years, and shall also be liable to pay a fine. The judgment came on petitions by dancer Navtej Jauhar, journalist Sunil Mehra, chef Ritu Dalmia, hoteliers Aman Nath and Keshav Suri, business executive Ayesha Kapur and 20 IITians challenging the validity of Section 377. “Section 377, so far as it penalises any consensual sexual relationship between two adults, be it homosexuals (man and a man), heterosexuals (man and a woman) or lesbians (woman and a woman), cannot be regarded as constitutional. “However, if anyone, by which we mean both a man and a woman, engages in any kind of sexual activity with an animal, the said aspect of Telangana House dissolved DGP Vaid shifted out, Dilbag is new KCR to continue as caretaker CM, names 105 candidates J&K Police chief Naveen S Garewal Hyderabad, September 6 Telangana Chief Minister K Chandrashekhar Rao (KCR) on Thursday ended all speculations about early elections by recommending the dissolution of the state’s first Vidhan Sabha, nine months ahead of its full tenure. After the Cabinet of the 29th and youngest state passed a simple resolution to go ahead with early elections along with four other states, the CM met Governor ESL Narasimhan and submitted a letter asking him to dissolve the House. Accepting the plea, the Governor asked KCR to continue to run the caretaker government till an elected government took over. ON RAHUL GANDHI... Rahul Gandhi is the country’s biggest buffoon… The whole country has seen how he went and hugged PM and winked… more he comes (to Telangana), the easier it will be for us (to win) ❝ K Chandrashekhar Rao, TRS SUPREMO The TRS has already released the list of 105 candidates out of 119 seats, taking the Opposition by surprise. Barring five, all seats have been given to sitting MLAs. KCR will kickstart his poll campaign on Friday after prayers at Venkateswara Swamy temple at Konayapalli village near Husnabad. The Congress slammed the TRS for forcing early polls on the people. Sravan Dasoju, chief spokesperson, said, “The CM must have received assurances from the NDA and there appears to be a ‘dubious pact’ between Prime Minister Narendra Modi and Rao.” KCR, meanwhile, said the Congress was repeatedly levelling absurd allegations. “Since the Opposition has gone to court 36 times to block decisions, it was decided to let people decide if they supported KCR or the Congress,” he said. “I did it in the state’s interest.” Jammu, September 6 The Jammu and Kashmir Government on Thursday evening appointed Dilbag Singh, a 1987-batch IPS officer, as the state police chief. He will replace SP Vaid, who has been posted as Transport Commissioner. Dilbag Singh According to an order issued by Principal Secretary (Home) RK Goyal, Vaid’s services have been placed at the disposal of General Administrative Department for posting as the state Transport Commissioner. “Dilbag Singh, DGP Prisons, will hold the additional charge of DGP, J&K, till a regular continued on page 7 Online secessionist rant as Centre clamps down Ruchika M Khanna Accept what they are I am what I am, so take me as I am. Attitudes and mentality have to change to accept others’ identity and accept what they are, and not what should be. ‘TAKE ME AS I AM’ Tribune News Service Cong calls Bharat Bandh on Monday over fuel price DABHOLKAR CASE: LANKESH MURDER ACCUSED ‘KEY CONSPIRATOR’ PAGE 16 blocked the Twitter account of the SFJ legal adviser, Gurpatwant Singh Pannun, and his Facebook pages, with an aim to block the anti-India propaganda. His accounts are not accessible to those who try using these from an Indian IP address. This followed the meeting between Rajnath Singh and Capt Amarinder Singh, where the two are learnt to have discussed the efforts made for resurgence of Khalistan and the need to nip it in the bud. Capt, Rajnath warned of legal action a week after threat by Pamma The fresh threat by Pannun was uploaded as a live video on the Facebook page of another SFJ activist, besides the Twitter handle of SFJ. In the video, Pannun also said that the Government of India has threatened to file criminal cases against administrators of WhatsApp groups that talk of Khalistan, so he be made the admin of all these groups. He also hurled insults at the National Flag. Interestingly, his threat to block the entry of the two Indian politicians comes just a week after Paramjit Singh Pamma, wanted in Rashtriya Sikh Sangat chief Rulda Singh’s murder, issued a threat to the Punjab CM. In a veiled threat on his FB page, Pamma asked Capt Amarinder Singh to remember August 31, 1995, as on that day Dilawar Singh assassinated former Punjab Chief Minister Beant Singh. Pamma was an active participant in the London declaration for the 2020 pro-Khalistan referendum organised by SFJ last month. Threats are being issued not just to the Punjab CM, but even to other Sikh politicians, the recent one being Delhi Sikh Gurdwara Management continued on page 7 Section 377 is constitutional and it shall remain a penal offence,” the CJI ruled. Any act without the consent of the other person would also invite penal liability. The SC also declared parts of Section 377 as an unreasonable restriction on right to freedom of speech and expression. In his separate but concurring verdict, Justice Chandrachud, said, “Members of LGBT community are entitled, as all other citizens, to the full range of constitutional rights.” Justice Nariman directed the Centre to ensure that the verdict was given wide publicity. He also asked for “programmes to reduce and finally eliminate the stigma associated with such persons” and sensitise government officials, particularly police officials, about the plight of LGBT persons. Hotelier Keshav Suri said, “The judgments were amazing. I am no more illegal, would be no more in shadows. Hopefully now my marriage with my husband would be recognised here too. I would take the fight on.” edit: equal in love oped: long road ahead detailed coverage page 7 tech pact with US Delhi firm on military ties with Russia Ajay Banerjee Tribune News Service New Delhi, September 6 India and the US on Thursday inked a vital agreement on seamless exchange of military information — Communications, Compatibility and Security Agreement (COMCASA) — even as New Delhi is clear that it will “stay the course” in its military relations with Moscow. The purchase of state-ofthe-art S-400 Russian airdefence missile system is at the heart of the threat of US sanctions against countries dealing with Moscow. Russia was literally the “elephant in the room” when Indian and US delegations sat down for their first-ever 2+2 dialogue, sources confirmed, as External Affairs Minister Sushma Swaraj and Defence Minister Nirmala Sitharaman met their US counterparts Mike Pompeo and Jim Mattis. Sources said the US told India that it understood the need for New Delhi to maintain its Russian-origin mili- About COMCASA ■ Communications, Compatibil- ity and Security Agreement will allow Indian defence forces to receive militarygrade communications equipment from the US and ensure access to real-time encrypted information ■ It will help India gain access to critical communication network of the US armed forces ■ The pact, valid for 10 years, will ensure interoperability among the US and the Indian armed forces 2+2 TALKS TAKE TIES TO NEW HIGH P16 tary equipment, but in case big-ticket items (like the S400) are purchased, cooperation with the US could be “affected”. India is buying the system for Rs 39,000 crore to have a protective airdefence umbrella. India, in turn, has assured the US that its purchases from Russia do not harm the US’ interests in any manner. A US legislation Countering America’s Adversaries continued on page 7
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