Archive for the ‘legal’ Category

A Woman / female pedophile in India: Perverted, indecent and extreme sexual harassment spoiling the Indian society

March 25, 2019

 A Woman / female pedophile in India: Perverted, indecent and extreme sexual harassment spoiling the Indian society

Teacher arrested for child pornography IE

A woman / lady pedophile – New and shocking trend in India: So far, in India, the pedophile crimes have been associated with the foreign sex tourists, US-UK pedophiles, priests of Christian missionaries and others. All of them have been males only. But, now, a female / woman pedophile is found sexually harassing and assaulting school boys in Tamil Nadu. Recently, there have several Supreme Court judgments that have been shocking and disturbing many, as they have been about free sex, women can have sex with others, if she gives consent and so on. However, it is not known as tom whether they have thought of the entire nation, Indian society with the inherent factors of culture, tradition, heritage and civilization. With changing external appearances and morphological variance, neo-ideologists could question everything, yet, the basics cannot be  questioned, as they cannot think of their fathers and mothers having sex with others, applying their own principles of liberalism, Utopian sex and egalitarian porn-type rations. Therefore, when it starts happening in India, one has to be careful.

Teacher arrested for child pornography -chennai times

Female teacher arrested for molesting minor boys: The accused teacher was arrested on 21-03-2019 [Thursday] for the charges sexual harassment and allegedly used her students for pornographic purposes sexual harassment and allegedly used her students for pornographic purposes based on a complaint given[1]. The Police in Tamil Nadu arrested a 30-year-old government school teacher U. Nithya, from Arani town in Tiruvannamalai on Wednesday on charges of molesting two young boys[2]. Nithya was married to Umesh Kumar, and the couple was residing at Kamaraj Nagar in Arni of Tiruvannamalai district. Nithya, who was working as an English teacher at Paiyur government high school, had sexually harassed her students to be intimate with them and used them for pornographic purposes. She, on the pretext of taking tuition classes, had gone to a student house and was in intimate relationships[3]. During her visits, she allegedly assaulted the students and recorded videos of her acts.

Perverted teacher Nithya and Umeshkumar

Husband has been the complainant: Surprisingly, the complaint in this regard was made by no other than the accused’s own husband who approached local law enforcement officers and lodged a case against his wife[4]. Ironically and incidentally, after observing and confirming her sex activities, he warned her, but, she was not heeding, leading to arguments etc. At one stage, he started living separately. In his complaint, the husband alleged that he discovered inappropriate pictures of his wife with some children, he believed were her students, in December of last year 2017. Based on his disclosure to the Collector, the District Social Welfare Department was instructed to probe the allegations by the Collector.

Perverted teacher Nithya -30

Complaint filed registered and she has been arrested: Following a preliminary investigation, a complaint was officially registered with the District Child Protection Unit (DCPU) in January of this year. The accused has been booked under sections Section 10 (aggravated sexual assault) and Section 14 (punishment for using child for pornographic purposes) of Protection of Children from Sexual Offences (POCSO) Act. “He confronted her and it led to a major fight between the couple,” say police. “Despite her husband’s warnings, Nitya was stubborn and continued her physical relationship with the minor, following which he filed a petition with the District Collector’s office.” Based on instructions from the Collector, the Tiruvannamalai District Child Protection Unit conducted an inquiry. The suspect is said to have confessed to the crime. She was arrested by Arni all-women police station officials on 21-03-2019 [Thursday].

Perverted teacher arrested

She was harassing the students since 2015: However, shocking developments have come to light concerning the accused’s behaviour and the Tamil Nadu government’s approach towards handling cases of sexual misconduct by teachers of state-run schools[5]. Going by reports, the accused is a resident of Kamaraj Nagar in Arni town and has been teaching English at government schools in the district since 2014[6]. After she was accused of molesting minor boys at the school she was previously employed at, the teacher was transferred to the school where she is currently teaching without any scrutiny or investigation into allegations against her. A police official familiar with the investigation told “The News Minute” that the female teacher has been accused of molesting young boys aged between 15 and 17. She captured intimate pictures of herself with the students, said the official adding that she is believed to have sexually abused several minor boys between 2015 and 2017.

Female pedophile psyche

Parents of the affected boys not willing to file complaint: An investigation into the matter is currently underway and more details in this regard are awaited. Nitya’s husband says he tried to lodge a police complaint last year, but was turned down by cops saying only DCPO or victim’s parents could do so[7].  In other words, the parents of the affected boys did not want the teacher to be booked, as such action might reveal the details of their sons and wards leading to complications. However, POCSO Act allows anyone to file a complaint. He then petitioned the Collector who asked DCPU to investigate[8]. Speaking to TNM, Arani’s All Women’s Police Inspector SB Mythili says[9], “Over a period of three years, that is, from 2015 to 2017, she has sexually abused a few of her students between age groups of 15 and 17 at school as well as at her tuition classes, capturing intimate photos with them on her phone. So far, we have evidence of her harassing two boys.” Following the incident, Nithya has since been removed from her posting by District Primary Education Officer V Jayakumar. Justice Devanathan of Fast Track Mahila Court, Thiruvannamalai, sentenced her to be lodged at Velur Central Women’s Jail till April 4 until further investigations are complete[10].

Female pedophile psyche- happens in India-2

How to  prevent such perverted, indecent and illegal sexual acts?: Stray cases had been reported about teachers having love relationships with students lesser than their age and even getting married. But, here, the woman has been already married with two children. Therefore, there could not be any problem after marriage and with the  children born. Yet, she has been drawn to such perverted sex, pornography and other activities, her corrupt, decayed and ruined mindset is revealed. Extreme sexual aberration, infatuated obsessed for sex and perverted relationship. Tat such type of polyandry existing among the males have been noted, but, among the women, it has been rare. However, as since it is reported, the Indian society has to be careful.

Female pedophile psyche- happens in India-3

Internet, cellphone and connected electronic sex playing havoc: Definitely internet, computer, cellphone and such devices have been providing access to sex and pornographic sited knowingly and unknowingly. If a serious searcher, researcher and enthusiast  searching for certain serious issues and subjects, some figures could pop-ups to divert them.  So by any temptation, one should not click. Though, government has been tying to stop such pornography, contents, pictures etc., private or foreign servers that have local applications might spread targeting weak minds. Therefore, one should have self-imposed discipline in avoiding and not seeing such sites.

Female pedophile psyche- happens in India

Question of psyche, psychology and counseling: No doubt the question of psyche is involved, but, there have been negative issues and subjects that could be known and forgotten. Here, there is no such “ethical hacking” and all, as no negative principle would work here. In modern context, “Counselling” implies personal information going to third person and he / she might always prone to exploit the so-called “patients” coming to her / him. Therefore, it should be applied through parents, female family members to the affected female members and male family members to the affected males., so that the secrecy would be kept safely. The victims could also ready to come out and co-operate with them, the moment, they understand that they would help them, support them and take care of them.

© Vedaprakash

24-03-2019

Perverted teacher Nithya -30-arrested

[1] Edex Live, TN teacher arrested for child pornography and sexual assault on students after husband complains to Collector, Published: 21st March 2019 .

[2] https://www.edexlive.com/news/2019/mar/21/tn-teacher-arrested-for-child-pornography-and-sexual-assault-on-students-after-husband-complains-to-5576.html

[3] Mirror Now, Female government school teacher arrested on husband’s complaint for molesting minor students, Updated Mar 23, 2019 | 13:32 IST |

[4] https://www.timesnownews.com/mirror-now/crime/article/tamil-nadu-tiruvannamalai-arani-government-school-female-teacher-sexual-molestation-assault-pocso-act/387406

[5] Chennai Times. Nithya, English Teacher, Arrested For Sexually Harassing Teen Students !! TAMILNADU SHOCKER !!, March 22,2019.

[6] http://chennaimemes.in/nithya-english-teacher-arrested-for-sexually-harassing-teen-students-tamilnadu-shocker/

[7] Indian Express, TN government school teacher arrested for sexually assaulting her minor student, recording act , Published: 22nd March 2019 06:11 AM | Last Updated: 22nd March 2019 09:10 AM.

[8] http://www.newindianexpress.com/states/tamil-nadu/2019/mar/22/govt-school-teacher-arrested-for-sexually-assaulting-her-minor-student-recording-act-1954199.html

[9]  TheNewsMinute, TN teacher held for sexually harassing students, husband turns in evidence, Anjana Shekar, Friday, March 22, 2019 – 11:29.

[10] https://www.thenewsminute.com/article/tn-teacher-held-sexually-harassing-students-after-husband-turns-evidence-98756

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Is Sabarimala for  the devotees or for dirty women like Rehana Fathima Pyarijaan Sulaiman and journo trekkers, atheists etc? [2]  

October 24, 2018

Is Sabarimala for  the devotees or for dirty women like Rehana Fathima Pyarijaan Sulaiman and journo trekkers, atheists etc? [2]

 

Who were these two tried to enter Sabarimala-1

Suhashini Raj with an American walked briskly towards the route to temple

Suhashini Raj with an American walked briskly towards the route to temple………

Who were these two tried to enter Sabarimala-2

Two persons intervened and asked, but, she showed some document told that they were tourists and proceeded…..

Who were these two tried to enter Sabarimala-3

However, when they were found on the hill-path, the devotees asked them and police also surrounded and asked them to leave….

Suhashini Raj, not a devotee, but, a journo: In the case of Suhashini Raj, NDTV reported[1], “On Day 2 [18-10-2018, Thursday] of the Sabarimala temple opening, Suhasini Raj, a Delhi-based New York Times reporter who said she was not a devotee, began to trek uphill who got past Pamba base camp had to abort just before the lag leg of the trek to the shrine after protesters formed a human wall before her. According to the reporter[2], “the protesters had thrown stones, forcing the two journalists to return” but, it was false and the NDTV has no along with her colleague”, adding, “Suhasini Raj, who is a Delhi-based journalist, along with her colleague, a foreign national, managed to go past the Pamba gateway but was stopped midway by angry Sabarimala devotees”. Here, NDTV suppressed the fact that her college isa foreigner. The two journalists guts to tell the truth that she went there by telling lies. In fact, one person has videographed her trek that exposes her intent. Since the Sabarimala temple opening, at least 12 women have attempted the 20-km trek to the hilltop shrine starting at the Nilakkal base camp, but none of these women were successful.

Rehna Fatima, nude

Rehana Fathima Pyarijaan Sulaiman[3]: Rehana was brought up in an orthodox Muslim family and attended a madarassa[4]. “I used to wear the hijab and do namaz five times a day,” she says. Things changed after her father died when she was in Class 12[5]. She is known for her angst over a male professor’s comments on the students’ breasts[6]. The professor compared them to watermelons and further advised girls to cover themselves since they attract men.  In protest to this, Rehana Fathima, a 31-year-old BSNL government employee, she posed nude with watermelons[7]. The model and activist from Kochi received massive backlash for the same[8]. However, she explained that this was needed because she wanted “to question the restrictions regarding a woman baring her body”, as per a report in The Times of India. She was also a part of several other movements of dissent. Fathima was the first woman to participate in the traditional Onam tiger dance in 2016, Thrissur Pulikali, that is traditionally done by all-male troupes. She has also been a part of the Kiss of Love campaign against moral policing in 2014, as per TOI. Fathima had earlier posted a picture of her wearing the ‘mala’ on Facebook with a single word caption: “Philosophy”. After Fathima tried to enter the Sabarimala temple today, her house in Kochi was vandalised soon after but two unidentified people. Rehana now lives with her filmmaker partner Manoj, their two daughters and his parents. Manoj has produced the art film, and her debut movie, Eka about intersex people.

Can these equal to Iyappa baktas

Kavitha Jakkal – online journo[9]: Kavitha Jakkal, a reporter from Hyderabad working with Mojo TV Telugu as a nes-presenter-cum-reporter, was one who was accompanying Fathima as the police escorted them to the gates of Lord Ayyappa’s shrine. She also wore a bulletproof jacket as they walked from Pamba to Sannidhanam. She had earlier said that she won’t return before the darshan. However, the two women were forced to return afterward as their security was threatened by an agitating crowd of devotees.  The CEO of Mojo TV, Revathi Pogadadanda, took to Twitter soon after the incident and said that her team of journalists including Kavitha, Balakrishna and Narasing were going on an indefinite hunger strike.  “They r fighting for their right. They are fighting for what the #SupremeCourt said. Don’t take this country back to medieval ages! Let the law live,” she wrote[10]. In a statement to the media, Kavitha said[11]: “I am a journalist, doing my duty. By religion, I am a Hindu. I am here to cover the implementation of the Supreme Court judgment. I have been arrested and forcibly taken to the airport. I can see the SC judgment was not implemented due to pressure. I condemn the way I was restricted. A journalist not being able to discharge her duty is nothing, but a weakness of the system. I thank the Kerala government and police for giving immense support to us. We could not complete the journey since anti-social elements have put children and the elderly in the line of fire. Given a chance, I will return to Sabarimala to offer prayers and I will come back to do my duty too.” In Hyderabad, several rightwing activists stormed the MOJO TV office in Banjara Hills and raised slogans against Kavitha[12].

Kavitha Jakkal, TV-journalist

Mary Sweety- Catholic woman [13]: Another woman, Mary Sweety, tried to enter the temple but was forced to return soon after. Mary Sweety told reporters that “her body was full of divine power motivating her to climb”, as per a report in The News Minute. A 46-year-old woman from Kerala’s Kazhakkottam, she said she wanted to witness the deity at least once. However, she had to return midway after she was stopped by a group of protesting devotees.  “I don’t know about them (journalist Kavitha Jakkal & woman activist Rehana Fatima). If women have returned, it is your drawback. I want to go there,” she said[14]. Kavitha Jakkal and Rehana Fathima were just metres away from the entry of the temple before they were stopped by protesting devotees and priests. Devotees outside Lord Ayyappa’s shrine have blocked the entry gates while the head priest Kandarau Rajeevaru has decided to lock the temple and hand over the keys in view of the protests.

Mary Sweety, Catholic activist

The dubious women were given protection, but, the devotees made to suffer: On Friday [10-10-2018], three women – an online journo Kavitha Jakkal from Hyderabad, activist Rehana Fathima from Kochi and Mary Sweety from Thiruvananthapuram – reached Pamba to trek to Sannidhanam. Though a special police team led by Inspector General S Sreejith escorted both Rehana Fathima and Kavitha to Sannidhanam, the women were asked to return to Pamba after a group of devotees blocked their entry at Nadapandhal at Sannidhanam chanting Swami Saranam. When Mary Sweety reached Pamba and decided to trek to Sannidhanam, police dissuaded her explaining about the volatile situation and safely escorted her back to Pathanamthitta. It was intriguing to note that how these media women with such shady back ground were given uniform, protection etc., when the devotees were disturbed. Moreover, how the two women followed the “Mandala vratam,” who initiated etc. were also not known. Therefore, how ridiculous it was that they police to accompany them! Indian Express went on to argue, “While the state police are legally bound to give protection to women coming to Sabarimala for darshan following the Supreme Court verdict, they are now giving top priority to the law and order situation at Sabarimala.

The Three- mohammedan and christians created problem witth police

Police to verify the background of the women, who want to enter the temple[15]: With Devaswom Minister Kadakkampilly Surendran on Friday [10-10-2018] making it clear that no forceful action will be taken to evict the protesting devotees at Sannidhanam, things have become much clear that the police won’t use force on the devotees blocking the entry of women to Sabarimala”. But the fact is, the police not  only lathi-charged, but also damaged many vehicles marked by the side. The Minister also made it affirmative that they won’t allow anyone to make use of the situation to hurt the sentiments of the devotees and convert Sabarimala into a war zone. He was referring to Rehana Fathima, a known activist, who made an attempt to enter Sabarimala. Senior police officers said they have been directed to verify the background of the women devotees who are reaching Pamba to proceed to Sannidhanam during this volatile situation. “Intelligence wing will be tracking the developments as there will be people with vested interests to make use of this vulnerable situation and flare up things for communal violence,” a top police officer said[16]. So why it was done for the three or four women is intriguing.

© Vedaprakash

23-10-2018

Jpornalists tried to enter - Jakkal and Rehana

[1] NDTV, NY Times Journalists On Sabarimala Trek Return Amid Protests, Edited by Richa Taneja (with inputs from Agencies) | Updated: October 18, 2018 21:10 IST

[2] https://www.ndtv.com/kerala-news/new-york-times-reporter-suhasini-raj-treks-to-sabarimala-protesters-stop-her-mid-way-1933776

[3] Times Now News, Sabarimala: Who are Rehana Fathima, Kavitha Jakkal, Mary Sweety, the 3 women who tried to enter Kerala shrine?, Updated Oct 19, 2018 | 15:36 IST | Times Now Digital

[4] Times of India, Meet Kerala’s topless feminist, Sudha Nambudiri and Afrah Ali| TNN | Updated: Mar 25, 2018, 12:04 IST.

[5] https://timesofindia.indiatimes.com/home/sunday-times/meet-keralas-topless-feminist/articleshow/63445940.cms

[6] Hindustan Times, Sabarimala row: The women who kept Kerala cops on tenterhooks for hours, Updated: Oct 19, 2018 15:50 IST

[7] https://www.hindustantimes.com/india-news/sabarimala-row-the-women-who-kept-kerala-cops-on-tenterhooks-for-hours/story-dQ9CWvchLR7dHvzoAUuAeJ.html

[8] https://www.timesnownews.com/india/article/sabrimala-temple-rehana-fathima-kavitha-jakkal-mary-sweety-the-3-women-metres-lord-ayyappa-shrine-today-protest-police-sabarimala-news-rahana-rahna/301526

[9] Times Now News, Sabarimala: Who are Rehana Fathima, Kavitha Jakkal, Mary Sweety, the 3 women who tried to enter Kerala shrine?, Updated Oct 19, 2018 | 15:36 IST | Times Now Digital

[10] https://www.timesnownews.com/india/article/sabrimala-temple-rehana-fathima-kavitha-jakkal-mary-sweety-the-3-women-metres-lord-ayyappa-shrine-today-protest-police-sabarimala-news-rahana-rahna/301526

[11] Times of India, They used children, elderly to stop me at Sabarimala: Journo Kavitha, U Sudhakar Reddy| TNN | Oct 20, 2018, 07:06 IST.

[12] https://timesofindia.indiatimes.com/city/hyderabad/they-used-children-elderly-to-stop-me-at-sabarimala-journo-kavitha/articleshow/66289624.cms

 

[13] Times Now News, Sabarimala: Who are Rehana Fathima, Kavitha Jakkal, Mary Sweety, the 3 women who tried to enter Kerala shrine?, Updated Oct 19, 2018 | 15:36 IST | Times Now Digital

[14] https://www.timesnownews.com/india/article/sabrimala-temple-rehana-fathima-kavitha-jakkal-mary-sweety-the-3-women-metres-lord-ayyappa-shrine-today-protest-police-sabarimala-news-rahana-rahna/301526

[15] Indian Express, Police in Catch-22 situation; to check background of women arriving at Sabarimala, Published: 19th October 2018 07:26 PM  |   Last Updated: 19th October 2018 07:49 PM.

[16] http://www.newindianexpress.com/states/kerala/2018/oct/19/police-in-catch-22-situation-to-check-background-of-women-arriving-at-sabarimala-1887366.html

Is Sabarimala for  the devotees or for dirty women like Rehana Fathima Pyarijaan Sulaiman and journo trekkers, atheists etc? [1]

October 24, 2018

Is Sabarimala for  the devotees or for dirty women like Rehana Fathima Pyarijaan Sulaiman and journo trekkers, atheists etc? [1]

, Sabarimala -the Five judges

The split judgment of Sabarimala and the haste politics of Communists leading to complications: The Supreme Court has announced that women of all ages could enter Sabarimala Iyyappan Temple in its judgment delivered on September 28, 2018. It has been a split judgment, as one of the five judges differed with the others[1]. Evidently, the Supreme Court or the four judges have not gone into the details of the temple, its tradition and connected rituals. Also, they have not considered the other provisions of the Constitution, where, various religious sects and denominations could maintain their own temples, belief system etc., without affecting others. That Sabarimala temple and devotees have been maintaining their position for hundreds of years has been proven by its existence and continuing traditions. As this has been the condition, the scene created, definitely by few, has been condemnable, as Sabarimala is not a place of picnic, activism or politics.Therefore, the few women, that too, non-Hindus, journalists and TV crew to go there and create problem, affecting the devotees, who have been going there with the vow, proves the pre-planned attack on the Sabarimala devotees, under the guise of law. Evidently, the Kerala government, now headed by the Communists have stated exploiting it as an opportunity to disturb and wound the sentiments of the devotees, by applying the police force, as evident from the happenings.

, Sabarimala -Ayyappa Saranam

Sabarimala movement has given space for all: Sabarimala movement, in the sense, that it gives equality to all without any discrimination, particularly for men, has been grown phenomenally, attracting many. Of late, rich people, actors and others started going there. Generally, poor people, labourers, workers, auto drivers and others used to go there, as they used to start their nonbu / penance during Kartigai month. Thus, it is very much similar to Varkari movement that drew lakhs of devotees spontaneously[2]. During their vow period, they do not take non-veg food, drink, smoke etc., and thus, they follow “brahmacharya” as a “kannisami” viz. young male devotee of virtues. They feel pride, as all others call them as “Sami” with respect. Of course, young and old women going there has been a regular feature and none took it differently……Thus, all have been going on well for so many years, but, in 2018, it has become a big issue. Ironically, instead of real woman-devotees, as they respected the tradition and do not want to violate, in spite of the judgment, few non-Hindu women, that too, journalists tried to enter with police force affecting the sentiments of crores of Hindus. How many of Indians would have red 411 pages judgments is also not known.

, Sabarimala -Indu Malhothra

It is not dissent judgement, but, people’s judgment: The Judge, Indu Malhothra, has summarized her order as follows: “The summary of the aforesaid analysis is as follows:

 

(i) The Writ Petition does not deserve to be entertained for want of standing. The grievances raised are non-justiciable at the behest of the Petitioners and Intervenors involved herein.

 

(ii) The equality doctrine enshrined under Article 14 does not override the Fundamental Right guaranteed by Article 25 to every individual to freely profess, practise and propagate their faith, in accordance with the tenets of their religion.

 

(iii) Constitutional Morality in a secular polity would imply the harmonisation of the Fundamental Rights, which include the right of every individual, religious denomination, or sect, to practise their faith and belief in accordance with the tenets of their religion, irrespective of whether the practise is rational or logical.

 

(iv) The Respondents and the Intervenors have made out a plausible case that the Ayyappans or worshippers of the Sabarimala Temple satisfy the requirements of being a religious denomination, or sect thereof, which is entitled to the protection provided by Article 26. This is a mixed question of fact and law which ought to be decided before a competent court of civil jurisdiction.

 

(v) The limited restriction on the entry of women during the notified age group does not fall within the purview of Article 17 of the Constitution.

 

(vi) Rule 3(b) of the 1965 Rules is not ultra vires Section 3 of the 1965 Act, since the proviso carves out an exception in the case of public worship in a temple for the benefit of any religious denomination or sect thereof, to manage their affairs in matters of religion.

 In light of the aforesaid discussion and analysis, the Writ Petition cannot be entertained on the grounds enumerated hereinabove. It is ordered accordingly”, thus, passed the judgment. Hence, it is not any dissent judgment, but, people’s judgment and perhaps, God’s judgment!

, Sabarimala -Atheist CM

With obvious politicization of the issue, the Temple authorities and the Kerala government have decided not to appeal against or file revision petition. Contrary, the Hindus of Kerala have started their protests in a large scale in peaceful manner. Thousands of women came on the roads and marched towards Government offices with the pictures of Ayyappa and banners questioning the judgment that affects their devotion and tradition. On 03-10-2018 [Wednesday], more than 20,000 devotees marshalled through social media, mostly women, held a protest march in Pandalam, headquarters of an erstwhile royal family that once governed the temple. The leading Malayalam daily, Malayala Manorama, carried a front-page picture of the march but Mathrubhumi came under attack for carrying a report on an inside page and without a picture. About the downplying of this event the media groups themselves were divided, because of the government pressure[3]. The entry of Nair Service Society (NSS), a socio-culture organisation of the influential upper-caste community has only added steam to the protests. The NSS also happens to be the first to decide on filing a review petition against the judgement[4]. As usual, the ruling Communist and Congress parties started accusing BJP, RSS and other right wing organizations for such upsurge, but, the fact has been different, as the Left wing media groups have been heavily anti-Hindu affecting the sentiments. Thus, ironically, the few women Mohammedan, Christian and secular categories came and started the communalization of the issue. These have been the credentials and back ground of the women who started creating problem.

, Sabarimala -libi jurno

L. S. Libi atheist posing as a devotee with dress!: The NDTV reported that[5]C.S. Libi, Christian posed as a Hindu, was among the first to attempt the trek to the shrine on the day the temple gates were to open. Days before her visit, she had posted her plan on Facebook. The protesters had apparently seen her post and decided to block her the moment she reached a bus stand in Pathanamthitta, 65 km from the temple. The police had shielded her from a group of protesters who had surrounded her at the bus stop. They threatened to burn the bus if it drove towards the temple’s base camp, news agency IANS had reported.” But, the event was videographed ny many and she had to return, because of her contradicting answers and encounter she had with women devotees and others at the bus-stand[6]. Another woman, Libi CS, was arrested at a bus stop by worshipers who accused her of wearing jeans[7]. “This is how a lady should go to the temple.” She claims to have observed penance, but if you look at the pearls of the Sabarimala necklace, it is very clear that she has worn it today. “Yesterday or yesterday, it is not acceptable to us and she will not be allowed to go there,” said a group of angry female protesters. Libi CS, a journalist, posted on Facebook her plan to visit Sabarimala Temple. The protesters apparently saw her post and decided to block her as soon as she arrived at a bus station in Pathanamthitta, 65 meters from the temple. “Friends, we are leaving all four for Sabarimala today, which includes atheists like me and two devotees,” said Libi’s Facebook message[8].

© Vedaprakash

23-10-2018

, Sabarimala -libi jurno-2

[1] IN THE SUPREME COURT OF INDIA, CIVIL ORIGINAL JURISDICTION, WRIT PETITION (CIVIL) NO. 373 OF 2006,   Indian Young Lawyers Association   …Petitioner(s)  & Ors.  VERSUS The State of Kerala & Ors.

https://indiankanoon.org/docfragment/163639357/?formInput=sabarimala%20%20sortby%3A%20mostrecent

[2] Varkari or Warkari(meaning “a pilgrim”) is a sampradaya (religious movement) within the bhakti spiritual tradition of Vaishnavism part of Hinduism, geographically associated with the Indian state of Maharashtra. Varkaris worship Vitthal (also known as Vithoba), the presiding deity of Pandharpur, regarded as a form of Krishna. Saints and gurus of the bhakti movement associated with the Varkaris include Jñāneśvar, Namdev, Chokhamela, Eknath, and Tukaram, all of whom are accorded the title of Sant.The Varkari movement includes the worship Vithoba and a duty-based approach towards life emphasising moral behavior and strict avoidance of alcohol and tobacco, the adoption of a strict lacto-vegetarian diet and fasting on Ekadashi day (twice a month), self-restraint (brahmacharya) during student life, equality and humanity for all rejecting discrimination based on the caste system or wealth, the reading of Hindu texts, the recitation of the Haripath every day and the regular practice of bhajan and kirtan. https://en.wikipedia.org/wiki/Varkari

[3] The Telegraph, Sabarimala pressure on Kerala media, By K.M. Rakesh in Bangalore, Published 8.10.18, 3:37 AMUpdated 8.10.18, 5:25 AM.

[4] https://www.telegraphindia.com/india/sabarimala-pressure-on-kerala-media/cid/1671280

[5] NDTV, The Women Who Were Turned Away From Making History At Sabarimala, Edited by Revathi Hariharan | Updated: October 22, 2018 16:48 IST.

[6] https://www.ndtv.com/kerala-news/the-women-who-stopped-short-of-making-history-at-sabarimala-1935635

[7] Naaju.com, Woman and family giving up Sabarimala trek scared to say no cops to temple, October 17, 2018.

[8] https://naaju.com/us/woman-and-family-giving-up-sabarimala-trek-scared-to-say-no-cops-to-temple/ The Hindu also reported it on 18-10-2018.

Dr B.R. Ambedkar International Conference 2017 – Quest for Equity  – Reclaiming Social Justice, Revisiting Ambedkar – Interpretation of case laws involving reservation to SCs under the Presidential Order 1950 – Can Christians and Muslims get SC status? (5)

August 4, 2017

 

Dr B.R. Ambedkar International Conference 2017 – Quest for Equity  – Reclaiming Social Justice, Revisiting Ambedkar – Interpretation of case laws involving reservation to SCs under the Presidential Order 1950 – Can Christians and Muslims get SC status? (5)

Soosai vs UOI

What Soosai vs UOI judgment says: Castes of Hindu religion identified on ‘untouchability’ related parameters were already scheduled under the 1936 Order. The validity of the order was considered by the Supreme Court in Writ Petition No. 9596/83 in the case of Soosai Vs The Union of India and Others (AIR 1986 SC 733). In para 7 of the judgment the Court had observed that “Now it cannot be disputed that the Caste system is a feature of the Hindu social structure. It is a social phenomenon peculiar to Hindu society. The Apex Court in para 8 of the judgment thus, observed that, “it is therefore, not possible to say that President acted arbitrarily in the exercise of his judgment in enacting paragraph 3 of the Constitution (Scheduled Castes) Order, 1950.” This is also sustained by the debate in Constituent Assembly which recognised “That the Scheduled Castes were a backward section of the society who were handicapped by the practice of untouchability” and that “This evil practice of untouchability was not recognised by any other religion” i.e. other than Hindu. It is apparent that the Constitution (SC) Order, 1950 relates to castes of Hindu religion. It only relates to the Castes discriminated within the Hindu religious system. The Constitution (SC) Order, 1950 is thus not discriminatory or violative of Articles 14, 15, 16 & 25 of the Constitution nor is it ultra vires of the Constitution as it provides for a special category i.e. the Scheduled Castes who have been given a special status under the Constitution. The Constitution (SC) Order, 1950 is thus neither unconstitutional nor ultra-vires of the Constitution nor it is violative of any fundamental right guaranteed by the Constitution. Here, the Christians never appealed or filed any revision petition against this order, but kept quite. At Vatican level, they had many issues and problems, as the Bishops and Cardinals have been following race or caste hierarchical structure. So far, no Black has been elected for the post of Pope, in spite of their claims.

The Bull of Pope Gregory XV, Bulla Romanae Sedis Antistitis, dated 31 January 1623

Christianity, caste and untouchability [1]: Christianity, caste and untouchability: In spite of the tall claims made by the Christians, the caste, racism, untouchability and other factors have been there in Christianity. The hundreds of denominations in different countries based on theology, practices, tribes etc., are the direct proof. Pope Gregory XV published a bull sanctioning caste regulations in the Christian Churches of India. Even the U. N. Commission of Inquiry (1953) into the racial situation in South Africa reported the Biblical background of inspiration for them to adopt “Apartheid” or “Christian caste system” with untouchability [Genesis. 9.25, Joshua. 9.21, 23 & 27]. Untouchability also finds its way to Bible [Joshua. 9.19]. In Ireland, there are separate streets for Roman Catholics and Protestants, as each group treatsothers “untouchables”. Slavery has been a divine approved system [Levi. 25: 44-46; Timothy. 6.11]. Prasadam offered to Jehovah should not be eaten by others [Exo.12:43]. They should not touch things holy to him or offer sacrifice [Levi. 22:25]. Bible should not be taught to others [Jewish Encyclopedia, Vol. 5, p.623; Exo.27:33]. They cannot offer incense [Numbers.16: 40]. They should not approach the holy tabernacle i.e, the “Garba Griha” / Sanctum Sanctorum [Numbers 1.51]. The dishonest Christians  suppress everything and try to fool the gullible SCs and STs projecting that their religion saves them. they could not save their own souls of SCs /STs with dubious methods. There are A to Z Churches with denominations (castes) running into more than 3000 depending upon the nation, language, ethnicity, culture, civilization and other factors. The matrimonial columns appearing in the newspapers and periodicals expose their hypocrisy, as the bride / groom are hunted only on the basis of “caste” and not on the “Christ”!  Crores of Rupees flow into India from abroad to convert India to Christianity. World Christian Organizations never hide this plan. After the Neogi Commission Report, they have only changed their tactics in routing the money. Political pressure at national and international levels is applied through different channels to pump money in. only 30-40% is actually spent under the guise of charity, service, and liberation etc., whereas, 60-70% is adjusted in their manipulated accounts duly certified. They have formed their own high castes and they do not want to share profits with the new converts. They treat them just as “natives” counting numbers and sending statistical figures to parent organizations.

the-constitution-scheduled-castes-order-1950

Theologies floated to suppress the facts: Thus, the discrimination persists and percolates to bottom reaching new complications and crating new social tensions. Therefore, to divert the issue, as decided by the World Council of Churches and other organizations, they set up different “research groups” to shift the blame to Hinduism and escape. After politicizing, they have tried to internationalize the issue. Whoever Indian writer, journalist or “scholar”, who supports this theory, is received aboard usually USA or Germany and taken care of.  “Dalit Theology” is the superior theology masqueraded in mere theoretical egalitarianism to fool “Dalits” projecting Jesus as the Super Star Saviour and Christianity to solve all their social problems, suppressing all cold facts, historical truths and the past tract record of Christianity. “Liberation Theology” is nothing but “Christian Communism” with God offered in different garb mainly advocating violence. It advocates violence, terrorism and anti-national activities in a country where it is preached. After the death of Communism and exposure of their deadly acts in Latin American countries, they have turned their attention to “Dalit Theology”.

Char with the speakers

Pope Gregory XV issued a Bull authorizing Caste[2]: The Pope and the Church have been playing dual roles  as for as India is concerned. Definitely, what the Pope said and what has been reported by Associated Press differs, as AP has tried to interpret the Pope, as if he has recommended that “Christians must reject divisions based on caste” (The Hindu Nov.18, p.12). The Pope Gregory XV (1621-23) has definitely accepted the caste. The Bull of Pope Gregory XV, “Bulla Romanae Sedis Antistitis”, dated 31 January 1623, accedes to the requests of the missionaries to accommodate themselves to certain caste practices and usages of the new converts. Why not then the present Pope annul the Papal Bull issued, instead of recollecting what he had said in 1986. In fact, after his visit, there had been so many “caste problems and issues” within the Indian Church. The “Dalit Christian problem” arose phenomenally. The Supreme Court itself pronounced that if the Church wants reservation based on untouchability and caste, such factors of existence in Christianity should be proven (Soosai vs UOI – AIR 1986). Then, started the >research of Athony Raj, SJ with funds to prove that untouchability and Caste system were there in Christianity and practiced even today.

Dalit Christians demand SC status Indian Express cutting

Whether Muslims can get SC status by converting back to Hindu religion?: A Muslim from audience asked, “I wanted to convert back to Hindu religion and whether I could get SC status, as the Supreme Court pronounced in some cases, that a converted SC-Christian could get back, SC-status, when their SC members accepted him back as his member again. In the same way, if a SC-Muslim wanted to convert back to Hindu religion, whether he could get back SC-status”. Actually, these cases pertain to election candidates, where Christians converts contested elections at reserved constituencies, claiming that they were SCs. When, this was challenged at the courts, the Christians got certificates to the effect that they were Hindu SCs. So the courts pronounced that, as candidate converted back to Hindu religion and got a certificate, documentary evidence to that effect, he was considered as “Hindu”. It is not known as to how the present-day Muslims, who want to claim back their SC-status by converting back, would prove their caste identity.  Ironically, most of them or some of them would also claim that they were not the converted categories from India, but, directly descended from the forefathers, who were of Arabic tribal origins [Ansaris, Mujahideen, and others]. If they were really interested in converting back, why then criticize “Gharwapasi”?

KVR with the speakers

Origin of Caste – the Chairman spoke and wound up the session: The second paper was presented by Bhup Singh Gaur on the approach of Harijans / SCs by Gandhi and Ambedkar. He interpreted that both leaders worked for the upliftment and welfare of the people in their own way. He pointed out that Amedkar was the only leader who attended all the three RTCs and consistently fighting for the rights of Depressed Castes. The third paper, “Dalit – A legal Perspective” was presented by S. Balakrishna Hedge.  His paper was almost answering the issue raised by Tanweer Fazal. Finally, the chair of Prof Chandrama Kanagali presented her paper about the origin of caste in India. She pointed out that the origins of the term ‘caste’ are attributed to the Spanish and Portuguese casta, which, according to the John Minsheu‘s Spanish dictionary (1599), means “race, lineage, or breed”. When the Spanish colonized the New World, they used the word to mean a “clan or lineage.” However, it was the Portuguese who employed casta in the primary modern sense when they applied it to the thousands of endogamous, hereditary Indian social groups they encountered upon their arrival in India in 1498. The use of the spelling “caste,” with this latter meaning, is first attested to in English in 1613.

dalit-word-is-unconstitutional-scheduled-caste-commission

The word “Dalit” is neither constitutional nor legal: The National Commission for Scheduled Castes has asked the state governments not to use the word ‘Dalit” in official documents, saying the term was “unconstitutional”. The commission has stated that sometimes the word ‘Dalit” is used as a substitute for Scheduled Caste in official documents, sources in State Tribal Department said in Raipur. After consultation with the legal department, the commission said the ‘Dalit” word is neither constitutional nor the word has been mentioned in the current laws. Rather ‘Scheduled Caste” is the appropriate and notified word as per the Article 341 of the Constitution, it said in a letter sent to all states. The writers and researchers do not care even about this and continue to mention the word for ulterior motive.

© Vedaprakash

04-08-2017

[1] This I wrote in 2007. https://groups.google.com/forum/ – !topic/talk.politics.misc/ZoUU1QBaBAI

[2] My letter to “The Hindu” wriiten in 2003. http://hindooraashtrcom.fatcow.com/pdf/Caste-in-Christianity-Papal-Bull.pdf

Dr B.R. Ambedkar International Conference 2017 – Quest for Equity  – Reclaiming Social Justice, Revisiting Ambedkar – Interpretation of case laws involving reservation to SCs under the Presidential Order 1950 – (4)

August 4, 2017

Dr B.R. Ambedkar International Conference 2017 – Quest for Equity  – Reclaiming Social Justice, Revisiting Ambedkar – Interpretation of case laws involving reservation to SCs under the Presidential Order 1950 – (4)

Prof Chandrama Kanagali

Tanweer Fazal presented a paper on “Caste and conversion Gharwapasi in the Indian Courts”: Tanweer Fazal[1] presented his paper in Room No.B1 on 23rd July [Sunday] morning session held between 9.30 to 11.00 am under the chair of Prof Chandrama Kanagali. The Co-speakers were Bhup Singh Gaur and Balakrishna Hegde. He started his presentation obviously with confusion of “SC” as he started his PPT, without specifically telling as to whether it was “Scheduled Caste” or “Supreme Court” and it was pointed out by K. V. Ramakrishna Rao[2], another speaker from the audience. He corrected himself and proceeded to mention the following cases:

  1. Michael vs Venkateswaran, 1951.
  2. Ganapat vs Returning Officer, 1974.
  3. Anbalagan vs B. Devarajan and Ors, 1983,

Without giving citation of the case laws and quoting from the judgments, he was arguing and interpreting that the courts have been following the “Gharvapasi” concept helping the Hindutwa forces for Christians converting back to Hindu religion to get SC-benefits back.  He could not explain properly about the case laws and the exigencies for the amendment of the Presidential Order in 1956 and 1990 include converted Skihs and Neo-Buddhists under SC category. He also referred to K. P. Manu case, but without giving the case law reference and relevant judgment details. He went on repeating the same point that the Court was acting at the behest of the government giving in such judgments helping the “Gharvapasi” programme. Of course, he was confusing this with Muslims also, as if they were also involved in such court cases.

Tanweer Fazal, JNU

Christians by converting back to Hindu religion can claim back SC status: Then, he pointed out as to how in the case of K. P. Manu, the Court held that he could be back to Ezhawa community, provided they accepted him their community-member[3]. The facts giving rise to the present appeal are that one Shri S. Sreekumar Menon invoked the jurisdiction of the Scrutiny Committee under Section 11(3) of the Act challenging the grant of caste certificate, namely, Hindu Pulaya to the appellant on the ground that the said certificate had been obtained by him on misrepresentation, and that apart the concerned authority had issued the caste certificate in total transgression of law. The Committee conducted an enquiry and eventually by its order dated 4th February, 2006 had returned a finding that the appellant was erroneously issued a caste certificate inasmuch as he was not of Hindu origin and hence, could not have been conferred the benefit of the caste status. It is not in dispute that the great grandfather of the appellant belonged to Hindu Pulaya Community. His son Chothi embraced Christianity and accepted a new name, that is, Varghese who married Mariam who originally belonged to Hindu Ezhava community and later on converted to Christianity. In the wedlock three sons, namely, Varghese, Yohannan and Paulose were born. The father of the appellant, Paulose, got married to Kunjamma who was a Christian. The appellant who was born on 03.01.1960 sometime in the year 1984 at the age of 24 converted himself to Hindu religion and changed his name to that of K.P. Manu. On the basis of the conversion he applied for a caste certificate to Akhila Bharata Ayyappa Seva Sangham. Be it stated, the appellant after conversion had obtained a certificate from the concerned community on 5th February, 1984. Eventually, the Tehsildar who was authorised to issue the caste certificate had issued the necessary caste certificate. The Court had dealt with the three important questions.

  • whether on conversion and at what stage a person born to Christian parents can, after reconversion to the Hindu religion, be eligible to claim the benefit of his original caste;
  • whether after his eligibility is accepted and his original community on a collective basis takes him within its fold, he still can be denied the benefit; and
  • that who should be the authority to opine that he has been following the traditions and customs of a particular caste or not.

Tanweer Fazal, Bhup Sigh, Balakrishna Hegde - The paper presenters

As the Pulaya Community accepted him as their member, he is Hindu only: The Court decided as follows – “In the instant case, the appellant got married to a Christian lady and that has been held against him. It has also been opined that he could not produce any evidence to show that he has been accepted by the community for leading the life of a Hindu. As far as the marriage and leading of Hindu life are concerned, we are of the convinced opinion that, in the instant case, it really cannot be allowed to make any difference. The community which is a recognised organisation by the State Government, has granted the certificate in categorical terms in favour of the appellant. It is the community which has the final say as far as acceptance is concerned, for it accepts the person, on reconversion, and takes him within its fold. Therefore, we are inclined to hold that the appellant after reconversion had come within the fold of the community and thereby became a member of the scheduled caste. Had the community expelled him the matter would have been different. The acceptance is in continuum. Ergo, the reasonings ascribed by the Scrutiny Committee which have been concurred with by the High Court are wholly unsustainable. Consequently, the appeal is allowed and the judgment and order of the High Court, findings of the Scrutiny Committee and the orders passed by the State Government and the second respondent are set aside. The appellant shall be reinstated in service forthwith with all the benefits relating to seniority and his caste, and shall also be paid backwages…..”

Tanweer Fazal, Bhup Sigh, Balakrishna Hegde - audience1

Why Tanweer Fazal was suppressing the “Soosai v. Union of India, AIR 1986 SC 733 judgment”?: During his presentation, there were many factual mistakes in interpreting the court cases. First, he was not mentioning the court case references, but, when K. V. Ramakrishna Rao insisted him to mention the case specifically in the context, he was evidently evading and started making general remarks. He coolly and purposely avoided mentioning “Soosai v. Union of India, AIR 1986 SC 733 judgment”, where, the Court held that SC under the Constitution (SC) Order, 1950 means only Hindu. This has been practice of many writers and researchers not to mention this judgment, as it is not favourable to them. He was obviously mumbled and fumbled without giving any answer. The Chair person also  pointed out and advised him to be specific. Incidentally, a similar paper is already published in EPW and available in the internet[4]. Now, let us discuss the case laws for understanding.

Tanweer Fazal, Bhup Sigh, Balakrishna Hegde - The paper presenters.close view

Michael vs Venkateswaran, 1951 – AIR 1952 Mad 474, (1952) 1 MLJ 239: The first case[5], where a SC was converted to Christian, thus losing his Hindu status, he was barred from contesting reserved constituency, is as follows: “The petitioner alleges that he is a member of the Paraiyan caste which is item 64 in Part V of the Schedule to the Scheduled Castes Order. Admittedly, he is a convert to Christianity. He therefore would be a person professing a religion different from Hinduism and therefore under paragraph 3 of the Scheduled Castes Order would be deemed not to be a member of a scheduled caste. He desires to stand as a candidate for a seat reserved for the Scheduled Castes and he can do so only If he is deemed to be a member of a Scheduled Caste. As the aforesaid provision prevents him from so standing, he has filed the above application for adequate relief from this Court.” But the Court held that “the Constitution (Scheduled Castes) Order is valid and within the powers of the President, the petition is therefore dismissed”.

Tanweer Fazal, Bhup Sigh, Balakrishna Hegde - audience

Ganpat vs Returning Officer & Ors on 4 December, 1974 – 1975 AIR 420: The second case[6] is about contesting for a seat in Nagpur by a SC candidate after converting to Buddhism, thus, losing their Hindu status. The Court held that, “We would, therefore, in agreement with the High Court hold that the respondents-2, 6 and 9 are not Buddhists but continue to be members of the Scheduled Castes”, but also pointing out, “The attempt of persons who have changed their religion from Hinduism to Buddhism, who still claim the concessions and facilities intended for Hindus only shows that otherwise these persons might get a vested interest in continuing to be members of the Scheduled Castes. In course of time vested interests are created in continuing to be members of Schduled Castes as in continuing to be members of Backward Classes. It is from the point of view of discouraging that tendency that the provision of the Scheduled Castes Order seems to be a proper one.”

Tanweer Fazal, Bhup Sigh, Balakrishna Hegde - with KVR

Anbalagan vs B. Devarajan & Ors on 5 December, 1983 – 1984 AIR 411: In the third case[7], one Devarajan was challenged that he was Christian and therefore, he could not claim SC status, but, it was proved that he “……………had long since reverted to Hinduism and to the Adi Dravida caste. There is not a scrap of acceptable evidence to show that he ever professed Christianity after he came of age. On the other hand, every bit of evidence in the case shows that from his childhood, he was always practising Hindism and was treated by everyone concerned as an Adi Dravidh. There is then the outstanding circumstance that the voters of the Rasipuram Parliamentary Constituency reserved for the Scheduled Castes accepted his candidature for the reserved seat and elected him to the Lok Sabha twice. We have no doubt whatsoever that at all relevant times, he was a Hindu Adi Dravida and professed no religion other than Hinduism. The case was rightly decided by the Election Tribunal and the appeal is accordingly dismissed with costs.”

© Vedaprakash

04-08-2017

Balakrishna Hegde presenting his paper

[1] Dr. Tanweer Fazal is Associate Professor at the Nelson Mandela Centre, JMI, New Delhi, Email: fazaltanweer@yahoo.co.in, Phone: 91-9968822925 (M); http://www.jnu.ac.in/sss/csss/images/Tanwer-Fazal/CV Tanweer Fazal.pdf

[2] He has been independent researcher and presented a paper, “Nation” as approached by Jinna, Periyar and Ambedkar during their historical meeting held in 1940,  in another session.

[3] Supreme Court of India – K.P. Manu,Malabar Cements Ltd vs Chairman,Scrutiny Commt … on 26 February, 2015 arising out of CIVIL APPEAL No. 7065 OF 2008; https://indiankanoon.org/doc/98912765/

[4]https://www.researchgate.net/profile/Padmanabh_Samarendra/publication/302899845_Religion_Caste_and_Conversion_Membership_of_a_Scheduled_Caste_and_Judicial_Deliberations%27_Economic_and_Political_Weekly_li4_2016_pp_38-48/links/5732d20f08ae9f741b2362c4/Religion-Caste-and-Conversion-Membership-of-a-Scheduled-Caste-and-Judicial-Deliberations-Economic-and-Political-Weekly-li4-2016-pp-38-48.pdf?origin=publication_detail

[5] Madras High Court – G. Michael vs Mr. S. Venkateswaran, Additional … on 6 November, 1951

Equivalent citations: AIR 1952 Mad 474, (1952) 1 MLJ 239; https://indiankanoon.org/doc/496218/

[6] Supreme Court of India – Ganpat vs Returning Officer & Ors on 4 December, 1974; Equivalent citations: 1975 AIR 420, 1975 SCR (2) 923; https://indiankanoon.org/doc/83094/

[7]Supreme Court of India – S. Anbalagan vs B. Devarajan & Ors on 5 December, 1983; Equivalent citations: 1984 AIR 411, 1984 SCR (1) 973;   https://indiankanoon.org/doc/254650/