‘Trans rights reduced to dead letters’: SC, appoints panel to frame job, education policy
NEW DELHI: It was 11 years ago that Supreme Court recognised transgender people as the ‘third gender’ and upheld their fundamental right to equality and dignity. Observing that discrimination still continued, however, the court on Friday appointed a committee headed by a retired Delhi HC judge to frame a comprehensive equal opportunity policy for the community in the arenas of employment and education. It also directed setting up of a transgender protection cell and a dedicated nationwide toll-free helpline number. A bench of Justices J B Pardiwala and R Mahadevan expressed its anguish over the “lethargic” attitude of the Centre and states to protect the community’s rights. It said the Transgender Persons (Protection of Rights) Act, 2019 — which sought to prevent social exclusion, discrimination, unemployment and lack of educational and medical facilities faced by transgender persons — remained in law books and was never implemented in true spirit. The law was “brutishly reduced to dead letters”, SC said, for which both Centre and states were to blame. “We are pained to observe that there has either been a superficial and sporadic, or a complete lack of implementation of measures to ensure the prevention of discrimination against transgender persons in various spheres of life, both public and private… The right against discrimination of transgender and gender diverse persons has long been recognised by this court ever since the judgment in NALSA (supra) wherein it was held that the ground of ‘sex’ under Article 15 of the Constitution also includes the analogous ground of gender identity,” SC said. The court said all stakeholders concerned had not only exhibited “a serious and perennial lack of action”, but also reinforced discrimination towards the community despite the existence of a statutory framework. It said govt authorities must provide due respect and consideration to the constitutional value underlying public participation. “There is no gainsaying that the Union of India and the states need to do a lot more to create mechanisms for the transgender persons to translate their rights into reality. The lethargy exhibited on part of the govt concerned has also led the non-state establishments to put the compliance of the 2019 Act and of the Transgender Persons (Protection of Rights) Rules, 2020 in a cold freeze. This abeyance of rights is a matter of serious concern,” it said. Courtesy : TOI Note: This news is originally published on https:/timesofindia.com/bha and is used purely for non-profit/non-commercial purposes, especially human rights
Bihar polls: Congress releases second list of candidates; announces 5 nominees
NEW DELHI: The Congress party on Saturday announced its second list of candidates for the upcoming Bihar Assembly elections, fielding nominees for Narkatiaganj, Kishanganj, Kasba, Purnia, and Gaya Town constituencies. Shaswat Kedar Pandey will contest from Narkatiaganj, while Qamrul Hoda has been fielded from Kishanganj. Irfan Alam, Jitender Yadav, and Mohan Shrivasta will represent the party in Kasba, Purnia, and Gaya Town, respectively. Earlier on Friday, Congress released its first list of 48 candidates. The Mahagathbandhan, which includes the RJD and Congress, has struggled to finalise a seat-sharing arrangement for the first phase of polls, whose nomination process ended on Friday. In some constituencies, the alliance is witnessing a “friendly fight” between its partners. BJP spokesperson Pradeep Bhandari alleged that the Mahagathbandhan is facing internal conflicts. He said, “Aapsi ladai ke patake Mahagathbandhan main phoot rahe hain.” He added, as quoted by ANI, “Mahagathbandhan in Bihar has till not officially announced its seat sharing. There are reports that RJD wants to have a candidate against the Congress Bihar President. Mahagathbandhan in Bihar is fighting a massive Internal tug of war: Rahul Gandhi has asked his party men to not focus on RJD seats. RJD workers are fighting against Congress workers on ground.” Bhandari further claimed, “Tejasvi Yadav and Mukesh Sahni have no face to show their workers; after been humiliated by Congress and Rahul Gandhi.” Meanwhile, earlier during the day, Jharkhand Mukti Morcha (JMM) announced it will contest six Bihar seats independently, rather than as part of the Mahagathbandhan. Jan Suraaj founder Prashant Kishor also weighed in on the electoral battle, saying, “INDIA alliance is going to finish third this time. The fight is between the NDA and Jan Suraaj.” Polling for the Bihar elections will take place on November 6 and 11, with results scheduled for November 14. With the election season underway, campaign activities have intensified, especially in constituencies going to the polls in the first phase. Courtesy : TOI Note: This news is originally published on https:/timesofindia.com/bha and is used purely for non-profit/non-commercial purposes, especially human rights
Rahul’s OBC focus denies ticket to upper caste neta
Gaya: The Congress has replaced its upper-caste candidate in Tekari with an OBC leader, Santosh Kushwaha. Sumant Kumar, who contested the seat in 2020 and lost by a slender margin of about 2,000 votes, has been “disowned” by the party. The change is being attributed to Rahul Gandhi’s renewed focus on OBCs as part of a social engineering strategy aimed at wooing OBC and EBC voters. Upset over being denied the ticket, Sumant said, “Rahul’s social justice plank is a hoax. More than social justice, the state needs economic justice. The OBCs and EBCs already have established leaders in Lalu Prasad and Nitish Kumar. Rahul is dashing his head against the wrong wall. The party has not learned any lesson from its past.” Asked whether he would contest as an independent like other rejected candidates, Sumant said, “Magadh politics is bipolar and unattached candidates do not have a viable option. Undaunted by ticket denial, I will continue to serve the people of Tekari as an ordinary social worker.” Expressing his displeasure at Sumant’s exclusion, Vijay Kumar Mithu, senior leader and former member of the All India Congress Committee, said, “Going by its style of functioning and changed social priorities, Congress cannot revive itself in the state. The party will have to pay a heavy price for ignoring sincere and dedicated workers.” In a related development, Omair Khan, another Congress leader aspiring for the Tekari ticket, has been sent to Biharsharif as the party’s official candidate. Party insiders said Congress faced a problem of plenty in Tekari, where besides Sumant and Omair, Tabish Patel, Santosh Kushwaha, Azmi Bari and two nepo candidates — the sons of former state chiefs — were serious contenders. Commenting on his selection, Khan, nephew of former minister and RJD leader late Shakil Ahmad Khan, said, “I will abide by the party’s decision and will do everything to prove true to the trust reposed by the party leadership in an ordinary worker like me. I have already filed nomination for the Biharsharif seat.” Courtesy : TOI Note: This news is originally published on https:/timesofindia.com/bha and is used purely for non-profit/non-commercial purposes, especially human rights
Burnt voter records found near ex-BJP MLA’s house in Aland
Kalaburagi: A special investigation team (SIT) probing the alleged vote theft in the Aland assembly constituency has reportedly recovered burnt voter records near the residence of former BJP MLA Subhash Guttedar. Officials said the burnt documents were found dumped and partially destroyed near Guttedar’s house Saturday, a day after the SIT conducted raids on multiple properties linked to him, his sons, and a chartered accountant. The searches were part of an ongoing investigation into alleged manipulation of voter rolls during the 2023 assembly elections in the state. Reacting to the discovery, Guttedar dismissed any wrongdoing and said the burnt papers were discarded by his housekeeping staff. “As part of the cleanliness drive ahead of the Deepavali festival, our staff threw them outside and burnt them. If we had some malicious intention, then we would have preferred burning them away from our house. Why would anyone do it in front of the house? There were no ulterior motives behind it,” he said. The SIT was constituted after Lok Sabha opposition leader Rahul Gandhi alleged a large-scale “vote theft” during the 2023 assembly polls in Karnataka, citing “irregularities” in the Aland constituency. Congress functionaries claimed fake calls were made in the names of genuine voters to delete “Congress votes” from the rolls. They maintained that the timely detection of the fraud helped their candidate BR Patil defeat Guttedar. Guttedar, however, alleged a political conspiracy. “The SIT raids on my residence were politically motivated and carried out at the behest of Rahul Gandhi and MLA BR Patil. We have done nothing wrong and were not involved in any vote-rigging,” he added. He also claimed a threat to his life and accused CM Siddaramaiah of withdrawing his security cover. “My gunman was withdrawn. The ADGP told me it was done on the CM’s instructions. Doesn’t my life have value?” Guttedar said. Courtesy : TOI Note: This news is originally published on https:/timesofindia.com/bha and is used purely for non-profit/non-commercial purposes, especially human rights
SC flags discrimination faced by transgender persons, directs Centre to form equal opportunity policy
The Bench said the Transgender Persons Act of 2019 and its corresponding rules have been ‘brutishly reduced to dead letters,’ and the Centre and the states have exhibited a ‘grossly apathetic’ attitude towards them. NEW DELHI: In a significant verdict, the Supreme Court on Friday expressed concern over the discrimination faced by transgender persons despite the enactment of a law in 2019, and directed the Centre to come out with an “equal opportunity policy” within three months of a report submitted by an advisory panel. A bench of Justices J B Pardiwala and R Mahadevan said the Transgender Persons (Protection of Rights) Act of 2019 and its corresponding rules have been “brutishly reduced to dead letters,” and the Centre and the states have exhibited a “grossly apathetic” attitude towards them. “The community continues to face discrimination and marginalisation, with a scarcity of healthcare, economic opportunities, and non-inclusive educational policies adding to their struggles,” the bench said. Expressing dismay over the discrimination, the bench said that despite more than 10 years since this court’s judgment in the NALSA case in 2014 that prompted Parliament to bring in place a statute in 2019, the transgender community has to preponderantly resort to the writ jurisdiction of High Courts and this court to redress their grievances. On discrimination in employment and professional spaces, the bench said that despite the enforcement of the 2019 Act and the 2020 rules, the transgender community faces entry barriers in employment and professional spaces. “Systemic barriers like the absence of the option of a ‘third gender’ make the entry of transgender persons in the organised workforce impossible. Even if they are hired, they are expected to keep their identity hidden, which is grossly violative of one’s right to dignity under Article 21,” the bench said. The top court delivered its verdict on a plea filed by a transgender woman who was aggrieved by the discrimination and humiliation she faced in employment, which allegedly resulted in her termination from two private schools in Uttar Pradesh and Gujarat. The court directed the Centre, Uttar Pradesh and Gujarat governments, and the school in Gujarat to pay Rs 50,000 each to the petitioner for the discrimination she faced. The bench constituted an advisory committee to address the concerns of the transgender community, headed by former Delhi High Court judge Asha Menon, saying, “The issue at hand requires a more incisive study by a dedicated committee, well-equipped to recommend a viable equal opportunity policy that ought to be introduced by the Union and state governments as well as provide insightful suggestions on other aspects affecting the lives of the transgender community.” The bench asked the panel to prepare its report and/or draft policy within six months from the date of judgment and directed the Centre to “bring forth its own equal opportunity policy in place, within three months from the date the committee submits its report and/or policy draft.” In case any establishment does not have a policy of its own, the policy that the Union would bring in place shall be enforceable at such an establishment, it said. The top court, in its 177-page verdict, made some suggestions, saying it was disheartened to note that there are several provisions in both the 2019 Act and the 2020 Rules, which remain mere aspirations on paper despite the same being couched in a mandatory language. Exercising its plenary powers under Article 142 of the Constitution, the top court directed that the appellate authority before which transgender persons may exercise their right to appeal against the decision of the district magistrate be designated as per Rule 9 of the 2020 Rules in every State and Union territory. It also said a welfare board for transgender persons, as envisaged under the 2020 Rules, be created in every state and UT for the purpose of protecting their rights and interests and also facilitating access to schemes and welfare measures. The top court directed the setting up of a Transgender Protection Cell under the charge of the district magistrate in each district and under the director general of police in each state and UT to monitor the prosecution of cases of offences against transgender persons. “The Union of India and all the states shall ensure that the aforesaid directions are strictly complied with within a period of three months from the date of the pronouncement of this judgment,” the bench said, adding that a dedicated nationwide toll-free helpline number be set up to address the contravention of any provision of the 2019 law. It made various suggestions, including asking the Centre to consider formulating and issuing specific directions to ensure that no transwoman is arrested without the presence of a female officer. The bench said that members of the transgender community face challenges within public institutions such as educational establishments, hospitals, transport hubs, and government offices due to the lack of effective measures ensuring reasonable accommodation. It suggested that all establishments, including workplaces, may endeavour towards cultivating an environment that is gender-inclusive and conducive to the free expression of identity by transgender persons, without fear or stigma. “Security check-ins at airports, Metro stations, bus stands, seaports, workplaces, shopping complexes, malls, cinema halls, and other public spaces may create special gender-diverse screening points for transgender persons along with the sensitisation of security personnel at such security checks,” it said. Courtesy : TNIE Note: This news is originally published on https:/thenewindianexpress.com/bha and is used purely for non-profit/non-commercial purposes, especially human rights
‘Trans rights reduced to dead letters’: SC, appoints panel to frame job, education policy
NEW DELHI: It was 11 years ago that Supreme Court recognised transgender people as the ‘third gender’ and upheld their fundamental right to equality and dignity. Observing that discrimination still continued, however, the court on Friday appointed a committee headed by a retired Delhi HC judge to frame a comprehensive equal opportunity policy for the community in the arenas of employment and education. It also directed setting up of a transgender protection cell and a dedicated nationwide toll-free helpline number. A bench of Justices J B Pardiwala and R Mahadevan expressed its anguish over the “lethargic” attitude of the Centre and states to protect the community’s rights. It said the Transgender Persons (Protection of Rights) Act, 2019 — which sought to prevent social exclusion, discrimination, unemployment and lack of educational and medical facilities faced by transgender persons — remained in law books and was never implemented in true spirit. The law was “brutishly reduced to dead letters”, SC said, for which both Centre and states were to blame. “We are pained to observe that there has either been a superficial and sporadic, or a complete lack of implementation of measures to ensure the prevention of discrimination against transgender persons in various spheres of life, both public and private… The right against discrimination of transgender and gender diverse persons has long been recognised by this court ever since the judgment in NALSA (supra) wherein it was held that the ground of ‘sex’ under Article 15 of the Constitution also includes the analogous ground of gender identity,” SC said. The court said all stakeholders concerned had not only exhibited “a serious and perennial lack of action”, but also reinforced discrimination towards the community despite the existence of a statutory framework. It said govt authorities must provide due respect and consideration to the constitutional value underlying public participation. “There is no gainsaying that the Union of India and the states need to do a lot more to create mechanisms for the transgender persons to translate their rights into reality. The lethargy exhibited on part of the govt concerned has also led the non-state establishments to put the compliance of the 2019 Act and of the Transgender Persons (Protection of Rights) Rules, 2020 in a cold freeze. This abeyance of rights is a matter of serious concern,” it said. Courtesy : TOI Note: This news is originally published on https:/timesofindia.com/bha and is used purely for non-profit/non-commercial purposes, especially human rights
Jully demands judicial probe into Dalit student’s suspicious death
Jaipur: Leader of Opposition Tikaram Jully visited SMS Hospital Friday to meet the family of Dheeraj Kumar, a Dalit student who died under mysterious circumstances at Navodaya Vidyalaya in Neem Ka Thana on Oct 14. He demanded a judicial inquiry into the matter and the prompt arrest of those involved. Kumar’s family, which alleges foul play in his death, has been protesting outside the mortuary and refusing to conduct his last rites. They are demanding a judicial investigation into the circumstances leading to his death. Accompanied by MLAs Suresh Modi and Harimohan Sharma, Jully met the grieving family and demanded that the BJP govt in the state take crimes against Dalits seriously and take steps to restore the community’s confidence. Jully assured the family of raising the matter of Kumar’s death in the Assembly and at the administrative level. “There has been much negligence from the govt in this matter. There was no mention of suicide when the child was initially admitted to the hospital on Oct 8. If this was indeed a case of suicide, why was the family not informed of it at the outset?” Jully asked, Expressing surprise at what he termed the BJP government’s ‘anti-Dalit attitude’, Jully said the govt has utterly failed to help Kumar’s family. “On one hand, you can help some people with up to Rs 25 lakhs in compensation and pay their private hospital bills. On the other hand, because Kumar was a Dalit, you don’t have even one rupee for his family”, he alleged. Courtesy : TOI Note: This news is originally published on https:/timesofindia.com/bha and is used purely for non-profit/non-commercial purposes, especially human rights
‘Will take my own life if they aren’t arrested’:Dalit youth in Katni allegedly urinated on by Sarpanch & son, fears stepping out of home
A Dalit youth in Katni, Madhya Pradesh, was brutally beaten, urinated on, and threatened by the village Sarpanch Ramanuj Pandey, his son Pawan Pandey, nephew Satish Pandey, and employee Ram Bihari Haldkar. He had protested against illegal mining on government land. The youth says all accused are absconding and has threatened suicide if no action is taken. Incident location and timeline The incident occurred on October 13 around 6 PM near a murram mine on Ghatiya Ramgadh hill in the Sleemanabad police station area, 40 km from Katni district headquarters. The youth spotted illegal excavation using a JCB and asked where the material was going. Ram Bihari Haldkar verbally abused him with a caste slur and threatened to kill him. Attack on youth and mother While returning home, the youth and his mother were blocked by a tractor. They were grabbed and dragged. The youth was beaten with iron rods, kicked, and Pawan Pandey urinated on his face. His mother’s braid was pulled, and she was slapped and thrown down. The accused threatened to kill the youth if he went to the police. Hospitalisation and police complaint The youth was admitted to a government hospital for three days due to serious injuries. On October 16, he approached the Katni SP office to lodge a complaint. Initially, police asked him to wander between stations, call the other party, and provide a caste certificate. Finally, a case was registered at Sleemanabad police station under the SC/ST Act, assault, and intimidation against four accused. Supporters of Sarpanch visit SP office On October 17, around 17–20 people from the village went to the SP office supporting the Sarpanch. They demanded an impartial investigation and claimed the allegations were baseless. They had travelled in a bus parked at the village entrance before leaving for Katni. Victim’s past complaints The youth had a history of activism against corruption. In 2021–22, he was a Panchayat mate, removed later, and opposed Sarpanch’s work. Since 2023, he filed complaints under RTI and the CM Helpline about Panchayat corruption, fund mismanagement, Anganwadi payments, and poor construction quality. Around 15 complaints were registered through the CM Helpline. He also petitioned the High Court for information on fund usage, and the court issued a notice to the Panchayati Rural Development Department. Despite these actions, illegal mining continued, and the youth faced attacks due to this opposition. Mother’s account The mother said she begged the accused to stop, but they did not listen. She watched helplessly as her son was beaten severely and threatened. She demanded strict action against the perpetrators. Sarpanch’s statement Sarpanch Ramanuj Pandey denied all allegations, calling them a conspiracy. He claimed the youth held a grudge since losing the 2022 Panchayat elections by three votes. He stated the murram extraction was authorised by the Tehsildar, and police were informed. Political response Azad Samaj Party (Kanshiram) national president MP Chandrashekhar Azad contacted the youth on October 17, promising justice. He warned that if the accused are not arrested within 24 hours, he would personally go to Katni and agitate. Statewide protests against the attack are also planned. Mohd Ajaz Khan, Katni Courtesy : Bhaskar English Note: This news is originally published on https:/bhaskarenglish.com/bha and is used purely for non-profit/non-commercial purposes, especially human rights
Uttar Pradesh News: FIR Filed Against ITI Principal, Staff For Harassing Dalit Woman Employee In Ballia
Police in Ballia, UP, have filed an FIR against the Government ITI principal Amit Kumar Dwivedi and two instructors, Ravindra Singh and Dhananjay Singh, for allegedly harassing Dalit employee Arun Kumari. She was reportedly subjected to caste-based abuses, pressured to take voluntary retirement, and threatened when she complained. Ballia (UP): Police has filed an FIR against the Government Industrial Training Institute’s principal and two employees for allegedly harassing a Dalit woman employee, officials said on Friday. Kotwali SHO Kshitij Tripathi said a case was registered based on the complaint filed by the husband of a woman employee at the institute. The accused have been identified as principal Amit Kumar Dwivedi, radio instructor Ravindra Singh, and electrical instructor Dhananjay Singh. Citing the FIR, Tripathi said the complainant’s wife, Arun Kumari, was employed as a work manager at the institute. On October 14, Ravindra and Dhananjay allegedly used caste-based abuses when Kumari was at work and “pressured” her to take voluntary retirement, he said. When she complained about the incident to the principal, he, too, allegedly used caste-based slurs, according to the complaint. Kumari’s husband alleged that the principal “threatened” her with death and asked her to leave the job. (Except for the headline, this article has not been edited by FPJ’s editorial team and is auto-generated from an agency feed.) Courtesy : TFPJ Note: This news is originally published on https:/thefreepostjournal.com/bha and is used purely for non-profit/non-commercial purposes, especially human rights
Court rejects plea for FIR against Rahul for remark on Sikhs in US
Varanasi: A Varanasi court on Friday dismissed a plea seeking an order to police to lodge an FIR against Congress leader Rahul Gandhi for his remarks on Sikh community during his visit to the USA in Sept last year. “The fight is about whether a Sikh is going to be allowed to wear his turban or a kada in India. Or he, as a Sikh, is going to be able to go to Gurdwara. That’s what the fight is about, and not just for him, but for all religions,” Rahul had said during his visit to the USA. In Nov 2024, the court of additional chief judicial magistrate (fourth and MP-MLA) Neeraj Kumar Tripathi rejected the plea filed by former village head of Tilmapur Nageshwar Mishra on Sept 26 last year. Thereafter, Mishra filed the revision petition against the order in the district court. After hearing the revision petition, the court directed the lower court to re-hear the plea. Advocate Anuj Yadav, who represented Rahul Gandhi, said, after hearing both the parties, the court of additional chief judicial magistrate (fourth and MP-MLA) Neeraj Kumar Tripathi rejected the plea. Courtesy : TOI Note: This news is originally published on https:/timesofindia.com/bha and is used purely for non-profit/non-commercial purposes, especially human rights