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THE TRIBUNE SPECIALS
50 YEARS OF INDEPENDENCE

TERCENTENARY CELEBRATIONS
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N A T I O N

Suspensions revoked; JD(S) crisis deepens
New Delhi, December 25
In an attempt to put down rebellion in its ranks, the Janata Dal (Secular) today suspended senior leader Surendra Mohan and revoked the suspension of Karnataka Chief Minister H D Kumaraswamy and 18 MLAs who had aligned with the BJP to form the government in Bangalore in the early part of this year.

BJP, RSS playing divisive politics: CPM
New Delhi, December 25
The Politburo of the CPM has charged the BJP-RSS combine with adopting a platform of "divisive politics and rank communalism." Stressing that this is the message coming out of the national executive meeting of the BJP which concluded in Lucknow yesterday.

NCW: Adultery breach of trust, not crime
New Delhi, December 25
The National Commission for Women has rejected suggestions for amending Section 497 of the Indian Penal Code for prosecuting women for committing adultery. At present even if a woman is involved in an illicit relationship she cannot be punished for adultery as she is treated as the victim under the law.



EARLIER STORIES


Child marriage: Situation grim in Bihar
Patna, December 25
A large number of girls in Bihar are married before they turn 18, the minimum age prescribed by the law, posing a serious threat to their lives and that of their children. In Bihar, the average age of a girl at marriage is 17.2 years, third after Rajasthan (16.6 years) and Madhya Pradesh (17 years), according to a recent report of the UNICEF.

Getting passports made easy
New Delhi, December 25
Acquiring of passports will be easier from tomorrow with the government revising guidelines which includes doing away with the requirement of police verification in case of reissue of the document.

Birthday wishes for Vajpayee
New Delhi, December 25
BJP patriarch and former Prime Minister Atal Bihari Vajpayee, who turned 82 today, was personally greeted by Prime Minister Manmohan Singh and several political leaders at his residence. Dr Singh, who drove to his 6-Krishna Menon Marg residence this morning, greeted him by presenting a bouquet.

PM greets Haj delegation
New Delhi, December 25
Prime Minister Manmohan Singh today greeted a delegation going on Haj, saying it represents the country's composite culture, peace and unity. "Please accept my warmest greetings on the occasion on going to perform Haj 2006. You are ambassadors of India's composite culture...messenger of peace, harmony," he told the Haj delegation at his residence.

Christians flock churches
New Delhi, December 25
Christmas was celebrated across India Monday with prayers and festivities as people rejoiced in the festive spirit in the run-up to the New Year. Christians, who consist around 3 per cent of India's population, celebrated the birth of Jesus Christ by praying at churches and attending midnight masses.

Col Sarna cremated with honours
New Delhi, December 25
Colonel G.S. Sarna, who died fighting terrorists in Jammu and Kashmir on Saturday, was cremated with full military honours here today. A wreath was placed on behalf of the Army Chief, Gen J.J.Singh, as relatives, friends and senior Army officers paid their last respects.

 

Col G.S.Sarna's father consoles his daughter-in-law when the Army officer's body was brought to Brar Square at Delhi Cantonment in New Delhi on Monday. Col Sarna died in a terrorist attack in Jammu and Kashmir last week. — Tribune photo by Rajeev Tyagi

Col G.S.Sarna's father consoles his daughter-in-law when the Army officer's body was brought to Brar Square at Delhi Cantonment in New Delhi

Filling posts of judge awaits new CJI
New Delhi, December 25
Chief Justice of India-Designate Mr Justice K G Balakrishnan may have various priorities before him to improve the functioning of judiciary but the immediate task awaiting him is to fill the four vacant posts of judges in the apex court and expedite the process of appointing over 150 judges in different high courts.

Heart attacks claim 6 lives at Mumbai airport in 2 months
Mumbai, December 25
Six passengers have died of heart attack in the past two months at the Mumbai airport. While some died in the middle of the flight, others died shortly after disembarking from the aircraft.

7 BHU students hurt in lathi charge
Varanasi, December 25
A scuffle broke out between two groups of students, protesting reservation for OBCs in central institutes of higher learning, at the BHU campus here today, prompting security guards to lathicharge them in which seven were injured.





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Suspensions revoked; JD(S) crisis deepens
Tribune News Service

New Delhi, December 25
In an attempt to put down rebellion in its ranks, the Janata Dal (Secular) today suspended senior leader Surendra Mohan and revoked the suspension of Karnataka Chief Minister H D Kumaraswamy and 18 MLAs who had aligned with the BJP to form the government in Bangalore in the early part of this year.

This decision taken at the meeting of the JD (S) National Executive held at the residence here of JD (S) chief and former Prime Minister H D Deve Gowda holds the portends of further deepening the crisis in the party.

The action against Mr Surendra Mohan comes in the wake of the rebel faction owing loyalty to M P Veerendra Kumar electing him as the president after removing Mr Deve Gowda from the party's top organisational post. Mr Veerendra Kumar was suspended from the party last week.

The trouble arose when the rebels opposed to the party aligning with the BJP to form a coalition government in the southern state and had campaigned against the JD (S) candidate in the recent assembly byelection from Chamundeswari. It resulted in Congress nominee and erstwhile party leader Siddaramaiah winning the seat.

Mr Kumaraswamy, who is in the capital, is expected to attend the second session of the Executive now that his suspension has been revoked.

On his part Mr Kumaraswamy thanked the party National Executive for revoking the pension and assured that he would do everything possible to preserve the secular identity of the JD (S).

The National Executive of the JD (S) is believed to be of the view that stern action should be taken against those who attended the parallel meeting called by Mr Veerendra Kumar and P G R Scindia.

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BJP, RSS playing divisive politics: CPM
Tribune News Service

New Delhi, December 25
The Politburo of the CPM has charged the BJP-RSS combine with adopting a platform of "divisive politics and rank communalism."

Stressing that this is the message coming out of the national executive meeting of the BJP which concluded in Lucknow yesterday, the CPM said the speech by BJP president Rajnath Singh, the political resolution and speeches of others highlighted all issues on the "BJP-RSS combine's agenda which have been discredited and finds no support among wider sections of the people."

The political resolution, the CPM noted in a statement here today, harped on "Muslim appeasement" and warned that this could lead to a second partition of India.

The CPM said the arguments put forth "are reminiscent of how the Hindu communal platform stayed away from the national movement for independence and sought to divide it on communal lines. In a secular India, the rights of the minorities had to be assured and the Sachar Committee report has only underlined the failings in this regard."

Emphasising that the results of such a rabid communal platform could be serious, it warned that Muslim baiting and efforts to foment communal tension could have harmful consequences. "The BJP has to be rebuffed on this count and will be held responsible for any disruptive activities."

The CPM said the record of the BJP in government both at the Centre and in states had shown the people that a rightwing communal platform was no answer to their problems.

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NCW: Adultery breach of trust, not crime
Tribune News Service

New Delhi, December 25
The National Commission for Women (NCW) has rejected suggestions for amending Section 497 of the Indian Penal Code for prosecuting women for committing adultery.

At present even if a woman is involved in an illicit relationship she cannot be punished for adultery as she is treated as the victim under the law.

The NCW had been asked by the union government to review Section 497 under which the the wife cannot be prosecuted by the husband for adultery.

The relevant Section stipulates that the wife shall not be punishable even as an abettor based on the argument that the wife involved in an illicit relationship with another man is a victim and not the perpetrator of the crime.

Sources in the NCW said they did not feel that by merely prescribing punishment for women by amending Section 497 the marriage can be protected or saved.

The NCW has submitted its recommendations to the government. The commission observed considering the relatively socially disempowered position of women it was against any amendment to Section 497 of the IPC. The existing provision in the IPC is based on the mindset that the wife is a personal possession of the husband who is the sole aggrieved person in an incident of adultery.

Simultaneously, the NCW has recommended suitable amendments to Section 198 (2) of the Criminal Procedure Code which disqualifies the wife of an unfaithful husband from prosecuting him for his promiscuous behaviour.

The Commission maintains that as the wife already can take action against her husband under various other legal provisions like Section 498 (A) of the IPC, there is no compelling reason that she should be debarred from initiating prosecution under Section 198 of the CrPC. The wife in such cases ought to be aggrieved and competent to file a complaint under Section 198.

In another recommendation having far reaching import, the NCM has submitted that adultery should be treated as a civil wrong and not a criminal offence. This is because in many instances it is the woman who wants to save the marriage and views the adulterous relationship as an aberration. The issue of adultery should be viewed as a breach of the trust and be treated as a civil wrong rather than as a criminal offence. This should be done only after a national consensus is evolve on the issue, the NCW added.

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Child marriage: Situation grim in Bihar

Patna, December 25
A large number of girls in Bihar are married before they turn 18, the minimum age prescribed by the law, posing a serious threat to their lives and that of their children.

In Bihar, the average age of a girl at marriage is 17.2 years, third after Rajasthan (16.6 years) and Madhya Pradesh (17 years), according to a recent report of the UNICEF.

While an alarming 80 per cent of girls get married below the age of 18 in West Champaran district, it is 73 per cent in Nawada, around 70 per cent in Kaimur and Rohtas and 66 per cent in Madhepura district.

According to a report of the Population Foundation of India, the situation was comparatively better in Siwan, Katihar, Purnia and Saran districts where the girls married off before they attained 18 years of age were 43 per cent, 47.5 per cent, 48.2 per cent and 51.3 per cent respectively.

In Patna district, hardly 40 per cent of girls below the legally permissible age get married and this could be attributed to higher percentage of literacy. At 52.7 per cent, Patna has the highest female literacy rate among districts in Bihar.

The UNICEF's latest report on the state of the world's children says parents consent to child marriage out of economic necessity, or because they believe marriage will protect girls from sexual assault and pregnancy outside marriage, extend girl's child-bearing years or ensure obedience to their husband's household.

Senior gynaecologist and professor at Magadh Medical College and Hospital Reena Singh said premature pregnancy and motherhood were inevitable consequences of child marriage.

Admitting that there was a rise in cases of pregnancy out of the wedlock among adolescent girls, she said "Many of these pregnant girls who throng various private nursing homes and hospitals are hardly 14-15 years old".

She also said that several married pregnant girls, particularly from rural areas, were unable to tell their age and during examination it was found that a fairly large number of them were well below 18 years.

Girls under 15 years of age are five times more likely to die during pregnancy and childbirth than women in their 20s.

If a mother is under 18 years of age, her baby's chance of dying in the first year of life is 60 per cent greater than that of a baby born to a mother older than 19.

Even if the child survives, he or she is more likely to suffer from low birth-weight, undernutrition and late physical and cognitive development.

Besides, according to the UNICEF report, girls who marry at a very young age are also more vulnerable to domestic violence and sexual abuse and are less likely to complete even primary education.

Singh said the government, besides clamping down on those promoting child marriage, should also launch an awareness campaign against the practice in a big way to sensitise the people to the inherent dangerous consequences for both the individual and the society.

In Bihar, where 61 out of every 1000 newly born die immediately after birth, the need for effective enforcement of the law banning child marriage and public awareness about the hazards is even more pressing, she said. — PTI

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Getting passports made easy

New Delhi, December 25
Acquiring of passports will be easier from tomorrow with the government revising guidelines which includes doing away with the requirement of police verification in case of reissue of the document.

An applicant will now be required to furnish only three out of 14 documents as proof, including one with a photograph, as per the new guidelines aimed at reducing the delays in the issuance of passports.

The eligibility criterion for Emigration Check Not Required (ECNR) stamping will hereafter be matriculation rather than graduation at present.

The government has also relaxed rules for obtaining certificate for waiver of police verification by extending the authorisation powers to Under Secretaries, Tehsildars and SHOs in this regard, official sources said.

For re-issue of passports, no police verification would be necessary either before or after issuance unless there is any negative information concerning an applicant, they said.

The passports will be re-issued within four days, the sources said.

Changes have also been effected with regard to Tatkal scheme, under which a passport will have to be issued within 14 days, rather than 20 days as per the existing rules. A tatkal passport may also be issued within seven days, if an applicant shells out Rs 500 extra.

Re-issue of passport under the Tatkal scheme will have to be done within three days. As per the changes, an applicant will not be required to cite reasons for applying for a tatkal passport.

The MEA’s intention of doing away with the requirement of address verification of a passport applicant and depending only on individual’s identity has failed to take off because of the opposition from the Ministry of Home Affairs (MHA).

The MEA also intends to do away with the requirement of five-year address proof for people born in Jammu and Kashmir and residing outside the state. However, this proposal has also been shot down by the MHA.

While easing procedures for applying for a passport, the government is also examining suitable amendments to the Passports Act to provide for stricter penalties for those obtaining passports by fraudulent means.

The scheme allows an applicant to submit three out of a list of 14 stipulated documents along with his application. The 14 stipulated documents include Electors Photo Identity Card, Service Identity cards, ration cards, driving licences and PAN cards. — PTI

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Birthday wishes for Vajpayee
Tribune News Service

New Delhi, December 25
BJP patriarch and former Prime Minister Atal Bihari Vajpayee, who turned 82 today, was personally greeted by Prime Minister Manmohan Singh and several political leaders at his residence.

Dr Singh, who drove to his 6-Krishna Menon Marg residence this morning, greeted him by presenting a bouquet. Both leaders were closeted for about five minutes and Mr Vajpayee also came out to see off Manmohan Singh.

The Prime Minister's move is being seen in the context of worsening relations between the ruling Congress and the principal opposition party which is opposing the UPA government's policies towards Pakistan, Jammu & Kashmir, the so-called Muslim appeasement, the Indo-US nuclear deal and the government's economic agenda. The BJP-led NDA did not allow Parliament to function.

The BJP has gone out of way to celebrate Mr Vajpayee's birthday as not only a three-day convention of the party was held in his Lok Sabha constituency but a mammoth rally was organised yesterday in Lucknow on the eve of his birthday.

While Mr Vajpayee dropped enough hints at the party's national executive and national council meetings that he was opting out of the race for the prime ministerial post, but there are enough people in the BJP who feel that the former prime minister was the best choice, provided his health permits.

Leader of the Opposition L.K. Advani also visited the party stalwart and greeted him as scores of BJP supporters thronged the residence to greet him on his birthday.

BJP leaders who visited him included Rajnath Singh, Arun Shourie, Arun Jaitley, Najma Heptullah, Sahib Singh Verma and Shivraj Singh Chowhan.

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PM greets Haj delegation
Tribune News Service

New Delhi, December 25
Prime Minister Manmohan Singh today greeted a delegation going on Haj, saying it represents the country's composite culture, peace and unity.

"Please accept my warmest greetings on the occasion on going to perform Haj 2006. You are ambassadors of India's composite culture...messenger of peace, harmony," he told the Haj delegation at his residence.

External Affairs Minister Pranab Mukherjee and Minister of State for External Affairs E Ahamed, who is leading the 25-member delegation, were also present on the occasion.

The 25-member delegation will visit Mecca and Madina during its three-week stay.

The delegation comprises among others Andhra Pradesh Information Minister Mohd Ali Shabber, Jammu and Kashmir High Court Judge Justice Nisar Ahmed Kakru, Chief Head Priest of Nizamuddin Dargah Peer Khawaja Ahmed Nizami Syed Bukhari and Central Information Commissioner M.M. Ansari.

It also includes Syed Hyderall Shihab Thangal, General Secretary of Jamia Nooria of Kerala, Syed Manal Shah Alquadri, Sharief-e-Quadira Daira Shariff and Maulana Azgar Ali Salafi, Secretary General of Markazi Jamiat Ahle Hadees Hind.

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Christians flock churches

New Delhi, December 25
Christmas was celebrated across India Monday with prayers and festivities as people rejoiced in the festive spirit in the run-up to the New Year.

Christians, who consist around 3 per cent of India's population, celebrated the birth of Jesus Christ by praying at churches and attending midnight masses. They decorated their homes with glittering stars, lights and Christmas trees with Santa Clause cut-outs.

In the national capital, around 79,000 people had gathered for the Midnight Mass in one of Delhi's biggest churches, Sacred Heart Cathedral.

"This is an unusual Christmas this year. I have been a priest for 28 years now, but never have I seen so many people coming to the church on Christmas," Father Ignatius of the cathedral said.

The sight was almost the same in other churches of the capital where Christians amassed to light candles and pray on this auspicious day for peace and prosperity.

"Christmas is a celebration of peace and harmony which is also the crux of the Bible. Christmas is more to give than to receive," said Richard Khan, secretary, Bible Society of India.

Christmas was celebrated with gaiety in "the god's own country", Kerala, where Christians constitute 22 per cent of the 32 million population.

"After many years, this time the orthodox church of Kerala has reverted to its mass service at midnight. Over Rs.10 million worth of cakes were sold and the festival was celebrated very peacefully here," said Shinie George, a Kerala-based software graduate. Mumbai, the commercial capital of India, witnessed prayers and celebration of the festival with fervour. — IANS

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Col Sarna cremated with honours
Tribune News Service

New Delhi, December 25
Colonel G.S. Sarna, who died fighting terrorists in Jammu and Kashmir on Saturday, was cremated with full military honours here today.

A wreath was placed on behalf of the Army Chief, Gen J.J.Singh, as relatives, friends and senior Army officers paid their last respects.

After training at the National Defence Academy at Kharagwasla near Pune, and later at the Indian Military Academy, Dehradun, Col Sarna was commissioned to the 9th Battalion of the regiment of Grenadiers in 1989. He also served as the second-in-command of the 13 Grenadiers, before taking over as the Commanding Officer of a Rashtriya Rifles battalion at Pattan near Baramulah in June, 2005.

Known to be extremely fearless, he always led his troops from the front. His colleagues recalled various qualities of the military leadership and human virtues of the galiant officer. His brother, Col N.S. Sarna is an artillery officer.

Late Col Sarna is survived by his wife, Mrs Jasleen Kaur, and a five-year-old son, Sahej Preet.

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Filling posts of judge awaits new CJI
S S Negi
Legal Correspondent

New Delhi, December 25
Chief Justice of India-Designate Mr Justice K G Balakrishnan may have various priorities before him to improve the functioning of judiciary but the immediate task awaiting him is to fill the four vacant posts of judges in the apex court and expedite the process of appointing over 150 judges in different high courts.

Besides, filling of the four vacancies in the apex court lying vacant for over six months now, Mr Justice Balakrsihnan as the head of Supreme Court Collegium will have to ensure that the process of appointment of four more judges in the apex court is taken up well in advance to fill other equal number of vacancies occurring during 2007.

Though the sanctioned strength of judges in the Supreme Court is 26, it has been functioning with a reduced number of 22 judges. Ms Justice Ruma Pal was the last to retire on June 2, 2006. Despite the appointment of three new judges in 2006, all vacancies could not be filled because as many as five judges had retired in 2005.

The collegium, headed by outgoing CJI Y K Sabharwal is understood to have recommended the names of Mr Justices H S Bedi, V S Sirpurkar and B Sudershan Reddy - the Chief Justices of Bombay, Calcutta and Guwahati High Courts, respectively, - for elevation to the apex court, but the government is yet to take a decision on it.

Mr Justice Sabharwal had attributed procedural delay in the appointment as a reason for judges’ posts remaining vacant for a longer duration even in the Supreme Court after the retirement of a judge and emphasised several times during the hearing on PILs on the issue and from public fora that the government should initiate the appointment process at least six months in advance to ensure that when a judge retires the post is filled forthwith.

Since Mr Justice Balakrishnan will have considerably a longer stint of three years and four months as CJI as compared to his recent three predecessors who remained in the office for little over a year each, he will be in a better position to take corrective steps on appointment process by keeping in view any vacancy occurring in future. The judges’ posts in the apex court will fall vacant with regular intervals as apart from the four retiring in 2007, six will relinquish their offices in 2008.

Besides, Mr Justice Balakrishnan will have to take care of filling nearly 150 vacant posts of judges in different high courts. Some of them though were in the pipeline, according to the Law Ministry sources.

The data available with the Tribune on the position of appointment process of high court judges at the government level suggests at least 128 vacancies will take a considerable length of time to be filled and more will continue to occur at the same time due to supperannuation of judges.

The sources admitted that even after the appointment of judges whose names are in the pipeline, 118 vacancies still will continue to remain unfilled in different high courts. The ministry though is taking pride for brining down the vacancies in high courts to this level from 190 in November 2005.

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Heart attacks claim 6 lives at Mumbai airport in
2 months

Shiv Kumar
Tribune News Service

Mumbai, December 25
Six passengers have died of heart attack in the past two months at the Mumbai airport. While some died in the middle of the flight, others died shortly after disembarking from the aircraft.

The latest incident happened early Sunday morning when Manikchand Jain, 53, who had just boarded the 3 a.m. Kingfisher Airlines flight to Chennai developed complications. Jain, who was already ailing and was being transported in a wheelchair, was taken off the flight at the insistence of the commander. He died in the domestic terminal. He was pronounced dead by the Airports Authority of India doctor on duty.

The first incident happened on November 1 when Qutabuddin Bangawala, 68, who arrived from London, suffered a heart attack at the airport. He was taken to two hospitals, which did not admit him. Banglawala was declared dead at the third hospital.

The second victim was Panna Ramesh Marfatia,58, again on a London-Mumbai flight on British Airways. She exhibited symptoms of deep vein thrombosis, where not enough blood is pumped to different parts of the body, and suffered a cardiac arrest. Though she was given oxygen on board the aircraft, she died before the aircraft landed.

On November 4, Ramanand Sharma, 75, who was travelling to Mumbai for treatment from Nairobi on an Air India flight suffered a cardiac arrest.

He died on board. Though his condition was serious, the airline accepted him on flight after he furnished a no- objection certificate.

On November 19, George Neumann, 64, an American citizen travelling between New York and Mumbai on board Delta Air Lines’ non-stop flight complained of uneasiness shortly after landing. Airport doctors could not revive him and he was declared dead at a hospital nearby.

On December 21, Clement D’Cruz, 47, transiting Mumbai from Newark, US, to Chennai collapsed while waiting to catch his connecting flight. Doctors later attributed his death to cardiac arrest.

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7 BHU students hurt in lathi charge

Varanasi, December 25
A scuffle broke out between two groups of students, protesting reservation for OBCs in central institutes of higher learning, at the BHU campus here today, prompting security guards to lathicharge them in which seven were injured.

Anti-reservationists were collecting signatures against the quota for OBCs at the Banaras Hindu University gate when the scuffle broke out, police said.

Security guards swung batons to disperse them, they said adding seven students, including two girls, were injured in the lathi charge. — PTI

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