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Marriage Between a Male And a Transwoman is a Valid Marriage

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Transgender marriage Valid in India says Cout

There are times when one feels proud to be a part of the legal profession, one such moment has come due to a recent judgment passed by a bench of the Madras High Court. The judgement was authored by J. G.R Swaminathan.

The High Court has recognized the marriage between a male and a transwoman. It has held that when both the partners are professing Hindu religion then the marriage is to be recognized under Section 5 of the Hindu marriage Act 1955, like any other Hindu marriage.

Though a path-breaking judgment, the Hon’ble Judges were humble enough to state that;

“By holding so, this court is not breaking any new ground. It is merely stating the obvious. Sometimes to see the obvious, one needs not only physical version in the eye but also love in the heart”

It so happened that Shri Arun Kumar got married to Miss Sarija in a temple as per Hindu rites and customs. The temples authorities though permitted the performance of marriage, but they declined to vouch for it or issue a certificate in this regard. When the parties approached the Government authorities for registration of marriage, the Authority also refused.

When the couple approached the High Court it was argued by the State Govt. that a ‘bride’ can only refer to ‘a woman on her wedding day’. Further they argued that the temple had rightly rejected the certificate as the bride wasn’t a ‘woman’.

The Court would have none of it. The court referred to the judgment on transgender rights in NALSA case and stated that the transgender person’s right to decide their self-identified gender has been upheld by the Apex Court already. The Court in the NALSA case noted that the existence of a third category outside the male/female binary has been recognized in the indigenous Hindu tradition from time immemorial.

Hon’ble High Court further stated that;

“Sex and gender are not one and the same. A persons’ sex is biologically determined at the time of birth. Not so in the case of gender. “

Transgender persons who are neither male/female fall within the expression person and hence are entitled to legal protection of laws.

The court also observed that often the state and its authorities either due to ignorance or otherwise, fail to recognize the identity of such persons or stop discrimination which they are made to face in the society. For too long transgender’s have been made to languish in the margins.

It said

“A person who is in the Third Category is entitled to remain beyond the duality of male/female or opt to identify oneself as male or female. It is entirely the choice of the individual concerned.”

The Court further directed the Tamil Nadu government to issue a Government Order to uphold the NALSA judgment and to “effectively ban sex reassignment surgeries on intersex infants and children.”

The Court also noted that the state should undertake awareness programmes to de-stigmatize the birth of intersex children.

“The parents must be encouraged to feel that the birth of an intersex child is not a matter of embarrassment or shame. It lies in the hands of the Government to launch a sustained awareness campaign in this regard.“

The stand of the court is applaudable and takes our commitment to the constitution further. The dignity of human life, one’s privacy, one’s right of a life partner is a basic part of an individual’s personal autonomy. This autonomy is guaranteed by the constitution, this autonomy is what we fought for in our freedom struggle. This autonomy cannot be made a plaything of the narrow-minded society, government, and political parties which come and go. The judiciary is the only institution which can be a custodian of this autonomy and a protector of the dignity of people in face of such societal, cultural and even governmental imposed discriminations.

A transwoman is a person and she enjoys equal rights. Her self-determination to find a partner and her expression to identify her gender as that of a woman is protected and is guaranteed the same recognition which is enjoyed by a male or a female (person) of the society.

(The post was first published in https://lawumbrella.wordpress.com/ )

Deven Khanna is a Lawyer, practicing at High Court of Himachal Pradesh, other H.P Courts/Tribunals and the Supreme Court of India, he is an alumnus of a National Law School. For any queries related to the articles, he can be contacted at 7018469792 or at [email protected] The personal blog is at https://lawumbrella.wordpress.com/

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Farmers Welcome SC Order to Stay Implementation of Farm Laws But Suspicious About Formation of Committee

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New Delhi: The Supreme Court on Tuesday stayed the implementation of three contentious farm laws passed by the Centre Government, which has led to huge protest from hundreds of farmer groups. The stay implies that the Centre Government can’t take any executive actions based on these laws till further order. 

“The implementation of the three farm laws (1) Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Act, 2020; (2) Essential Commodities (Amendment) Act, 2020; and (3) Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Act, 2020, shall stand stayed until further orders,”

said the order passed by a panel headed by the Chief Justice of India (CJI) Sharad A Bobde on Tuesday.

Further, the MSP system would continue as it was before the enactment of the laws.

“As a consequence, the Minimum Support Price System in existence before the enactment of the Farm Laws shall be maintained until further orders. In addition, the farmers’ land holdings shall be protected, i.e., no farmer shall be dispossessed or deprived of his title as a result of any action taken under the Farm Laws,”

the order said.

With this order, the SC hoped to end the ongoing impasse over the contentious farm laws.

The farmers who have been protesting for over the last 45 days, welcomed the SC’s order.

However, at the same time, the Apex Court ordered the formation of a committee to listen to both sides and make recommendations to the court. The committee, which would comprise of Agriculture economist Ashok Gulati, Bhupinder Singh Mann, Dr Prmod Kumar Joshi, former director of National Academy of Agricultural Research Management), and Anil Ghanwat from Shetkari Sangathan, was asked to submit its report in the court within two months.

The CJI, in its order, speaking about the purpose of this “extraordinary” order, said,

“While we may not stifle a peaceful protest, we think that this extraordinary order of stay of implementation of the farm laws will be perceived as an achievement of the purpose of such protest at least for the present and will encourage the farmers’ bodies to convince their members to get back to their livelihood, both in order to protect their own lives and health and in order to protect the lives and properties of others.”

Though a stay on the implementation of laws was welcomed by protesting farmers, several unions said that they would not accept this committee and the protest will continue. They said the Government is trying to form this committee through the Supreme Court. This committee, they said, included persons who have already been justifying the farm laws. They said the purpose of this committee is nothing more than creating a diversion. The protest would be armed up and only a repeal of laws would be accepted, the unions said. 

At the same time, the SC was undeterred with these statements and said there is nothing that can stop it from forming a committee. The SC asked the farmers to cooperate with the committee.

On the other hand, the Government was more concerned about that other political parties would think of the stay as a “political victory”.

Further, the Government has also expressed apprehension about security breach due to the tractor rally planned by protesting farmers on the Republic Day.

K.K. Venugopal, Attorney General, told the court that there are reports that the farmers’ bodies may take out a tractor rally on January 26, 2021, disrupting the Republic Day Parade and celebrations However, the same was stoutly denied by Dushyant Dave, learned senior counsel appearing for a few of the farmers’ bodies on the ground that at least one member of the family of each of the farmers from Punjab is in the Army and that they would not disrupt the Republic Day celebrations.

The Court, in its order, said that several rounds of talked between farmers and the Government have failed and there was no solution in sight.

“The situation on ground is: (i) that senior citizens, women and children are at site, exposing themselves to serious health hazards posed by cold and covid; (ii) that a few deaths have taken place, though not out of any violence, but either out of illness or by way of suicide,”

the order said.

The court also lauded the farmers for carrying on the agitation peacefully without any unwanted incident.

Further, the Court orders also mentioned separate petitions filed by individuals/residents of the NCR complaining of blockade of roads/highways leading to Delhi and terming it an infringement of the fundamental rights of other citizens to move freely and to carry out trade and business.

Stay on 3 Farm Laws and Formation of Committee: Read Full Order of Supreme Court

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Inflation, Increased Cost of Food Items, Ration, Crumbling Health Infrastructure, and 100 Gram Sugar: Govt’s Diwali Gift to People

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hp govt's gift on diwali 2020

Shimla-The Himachal Pradesh Government has collected over Rs. 86 crores in the name of the COVID-19 relief fund, but only Rs 25 crore was spent. It was stated by Sanjay Chauhan, former Mayor of Shimla and a senior CPI (M) leader. It’s a shocker considering negligible relief measures and the state of health infrastructure crumbling amid a pandemic. The unpreparedness of the state government to deal with community spread of coronavirus is coming to light as its COVID-19 hospitals have begun to run out of beds in isolation wards. Two major medical facilities -Indira Gandhi Medical College & Hospital and DDU Hospital in Shimla- are packed to their full capacity. 

What’s not shocking is that Chief Minister did hail the Prime Minister, exactly as he was told, claiming that the nation is out of COVID-19 crisis. It suggests that the Chief Minister is little aware of the surge in cases and over 400 COVID-19 deaths, of which 93 were reported during the last 12 days of November month. Yesterday, the state has reported over 700 cases with six deaths, which is alarming.

“Prime Minister Narendra Modi deserves all praise for his dynamic leadership as he is successfully steering the Country amid all troubles and difficulties. He has successfully brought the Nation out of Covid-19 crisis,” 

said Chief Minister Jai Ram Thakur, while addressing a public meeting at Sihunta under Bhatiyat Assembly Constituency on Wednesday. 

Talking about the real situation and relief measures, the state Government became a laughingstock and was being trolled on social media after it announced 100 gram sugar and 500-gram rice per person to all ration cardholders as a Diwali gift. If that was not enough, according to a media report, this quota has still not reached the depots. There is a possibility that it would reach the cardholders only after Diwali.

The reason behind this backlash is not only that 100-gram sugar is too trivial to be called a gift or relief, especially amid a pandemic when common people, especially those falling in middle and lower-income groups, are faced with unemployment and economic crisis.

While the people were hoping for relief from their elected government, inflation was on the rise. Currently, prices of food items including vegetables and other essential commodities have also witnessed a huge increase. Further, cut in subsidy on electricity, hike in bus fare, increase in property tax, rise in diesel and petrol prices etc. have put additional burden on the commoners. 

Then there were other issues like relaxation in garbage collection fee for the period of lockdown. Sadly, the public did not get any relief even in garbage bills despite staging protests. 

Meanwhile, Ministers made news for spending tax money on buying luxury vehicles and VIP numbers. 

Oppositions, Congress and CPI (M) have also targeted the government over its failure to provide any considerable relief to the people when it’s most needed. As per oppositions, the current government has no control over the market or inflation.

Chauhan also raised the issue of thousands of vacant posts of doctors, para-medical staff, nurses etc. at medical facilities across the state. He said that of the total 1000 posts of lab technicians, 700 were still vacant. He said that the government did not prepare for a community spread despite having a time of eight months during the lockdowns. It was due to this lackadaisical attitude of the government that currently IGMC and DDU hospitals have run out of space in isolation wards, he said.

He also said that, in an all-party meeting convened on March 21, CPI(M) had given the government 12 recommendations to effectively deal with the situation. The party had suggested that thousands of vacant posts should be filled at the earliest, all government buildings construction of which were completed should be prepared to accommodate COVID-19 patients. Similarly, at least four blocks of the under-construction building of IGMC should also be equipped with facilities to accommodate patients, the party had suggested. 

On November 8, 2020, the state unit of Mahila Congress staged a protest over a huge increase in prices of food items. They wore garlands of potatoes and onions and marched from the party headquarter to the Office of Deputy Commissioner, Shimla. Women alleged that the people have received no relief despite such a huge crisis. Instead, the current government is encouraging hoarding of essentials.

The opposition also said that the government has increased the rate of cereals provided through the public distribution system. This increase is Rs 5 for cereals and Rs. 9 for mustard oil. Vegetable prices have gone beyond Rs 50 during the festival season. It also said that the registration fees of vehicles have also been increased.

Sanjay Chauhan is of the view that to provide relief, the government should deposit at least Rs 7500 in the accounts of consumers and provide them with 10 kg ration per person for free.

He also said that recently the government has hiked the charges for electricity and installation of meters. The government has now withdrawn its notification restricting schools to charge only tuition fee and allowed them to charge full fees, including those pending for the period of lockdown, he said. This decision has come as a huge financial burden for parents and is causing mental harassment. 

The policies of the current government are only benefiting corporates, while other sections like labourers/daily wagers, small scale industries and businesses, shopkeepers, farmers are faced with financial crisis and unemployment due to lockdowns imposed in view of corona pandemic, Chauhan said. 

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Exam Fees in Govt Schools Hiked Amid Pandemic, Private Schools Allowed to Charge Full Fees Relaxed During Lockdowns

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himachal pradesh - private school fees during lockdowns

Shimla-Amid the pandemic and economic slowdown, the public had hoped for relief from the government; unfortunately, they are only receiving more financial burdens in form of hikes in bus fares, cut in electricity subsidy etc. Now, the Himachal Pradesh Board of School Education (HPBOSE) has decided to implement hike in examination fees on the students of government schools.

A student of class 10 will now pay Rs 600 as examination fee instead of the previous Rs 500. For the students of class 12, this fee has been hiked to Rs 850. Read complete notification below:

Another bad news for parents came after the government, citing orders of the State High Court, allowed private schools to charge all fees which were deferred during the lockdowns. Moreover, in its previous notification, the Directorate of Higher Education had only mentioned deferring the fee, and not waiving it of. This decision has led to distress among parents because pending fees of some of the schools would go in lakhs.

Also Read: Himachal: Private Schools Only Asked to Defer Fees During Lockdown, Not to Waive Off, Thanks to Helpless Edu Minister

Private schools are not funded by the government and they depend entirely on fees to meet their expenditures, the government said.  The state government had directed the schools to not cut salaries of teachers or fire them during lockdowns. However, despite the pandemic, the state government did not consider compensating these institutes. Similarly, bus fares were also hiked instead of compensating transporters.

Earlier, the state government had yielded to the pressure from parents to relax all fees except tuition fees as the educational institutes were closed and no facilities were availed by the students.

Further, it’s pertinent to mention that the Ministers of the state government are making headlines for allegedly wasting money on buying luxuries with the public tax money. Recently, Education Minister Govind Singh Thakur remained in news for buying a luxury vehicle amid pandemic even though he already had a Fortuner. Prior to that, the IPH Department has been in news for buying not only an SUV for a XEN but also purchasing a VIP number for Rs. 1 lakh.

At the same time, huge wastage of money was seen during the commissioning of the Rohtang Tunnel on publicity to claim the credit. Large hoardings with the faces of CM Jairam Thakur and PM Narender Modi can still be seen throughout the state publicizing commissioning of the Tunnel. Money was spent on installing LEDs across the state to live telecast the event. There is distress among the people over the debate that, amid pandemic, this money could have been used to provide the public with some relief, but instead, the government seems to be insensitive enough to put personal interest first.

Earlier, the government had hiked vehicle registration fee and cut electricity subsidy to generate resources. The vehicle registration fee was increased to 7-10% of the existing 2.5-4% in June.

Feature Photo: [email protected]

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