www.thevigilplanet.com
MUMBAI
In Brief CITY
Noise levels recorded during visarjan processions on Sunday were marginally lesser compared to those recorded on the same day in the past two years. It, however, remained way above the limit set by the government (around 50 dB). >> P2
NATION
J&K police have achieved a major breakthrough after they identified 24 terrorists involved in the abduction and killing of three policemen in south Kashmir on Friday morning. >> P3
OPINION
75 YEARS ON: Remembering Bengal Famine, writes Martand Jha >> P4
WORLD
Iran’s President Hassan Rouhani vowed a “crushing response” after gunmen shot dead at least 29 people including women and children Saturday in an attack on an Iranian military parade. >> P5
SPORTS
Beleaguered former World No.1 returns to winning ways ending 5-year wait to lift PGA Tour Championship title and it can only be good news for golf >> P6
Sensex slumps 537 pts despite FM assurance Ahana Chatterjee ahana.chatterjee@thevigilplanet.com
their third-biggest fall of the year on Monday as the benchmark BSE Sensex tanked 537 points despite finance minister Arun Jaitley’s assurance that the government would take all measures to ensure adequate liquidity for non-banking financial companies and mutual funds. Falling for the fifth consecutive session, the Sensex tanked 536.58 points, or 1.46 per cent, to end at a two-month low of 36305.02, logging its biggest single-day loss since February 6, when it had shed 561.22 points. The broader NSE Nifty slipped the 11000-mark and closed at 10967.40, plunging 175.70 points, or 1.58 per cent. The sentiment was also dampened by a jump in Brent crude prices, which hit a four-year high before trading at $80.07 a barrel, while the rupee fell 43 paise to close at 72.63 per dollar. The broader market, too, continued to bleed with the BSE Midcap and Smallcap indices losing 2.40per cent and 2.72 per cent, respectively.
27°C 33°C
AQI 120
BSE SENSEX 36,841.60 279.62
New Delhi: THE controversy regarding the Rajiv Gandhi Khel Ratna award is almost a yearly phenomenon, and this time, it is the turn of wrestler Bajrang Punia to raise fingers at the way sports awards are handed out in India. Miffed at being denied the country’s highest sporting honour at the expense of cricket captain Virat Kohli and weightlifter Mirabai Chanu, Punia has cited his maximum score in the points system introduced by the Sports ministry a few years ago. Punia’s grouse is an ageold issue that has been challenging the flawed points system adopted by successive governments. In this case, the 24-yearold wrestler who won gold at Commonwealth Games and Asian Games this year, is comparing his highest score of 80 points under the criteria to that of the
facebook.com/thevigilplanet
NSE NIFTY 11,143.10 91.25
158 years on, adultery is no longer a criminal affair But It Can Be A Ground For Divorce: SC
Abraham Thomas abraham.thomas@thevigilplanet.com DESCRIBING the law criminalising adultery as arbitrary, which treats the wife as chattel and deprives women of her sexual autonomy and dignity, the Supreme Court Thursday struck down as “unconstitutional” Indian Penal Code Section 497, which makes adultery a punishable offence only for men. Adultery will, however, continue to be a ground for any civil wrong, including a ground for divorce. In four separate but concurring judgments, a five-judge Constitution Bench of Chief Justice of India Dipak Misra and Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra said the colonial-era provision violated Articles 14 (right to equality); 15(1) (prohibition of discrimination on grounds of religion, race, caste, sex or place of birth); and, 21 (protection of life and personal liberty). The bench also held as unconstitutional Section 198 of the Code of Criminal Procedure (CrPC) which provides for prosecution for offences against marriage. The bench was deciding a petition filed by Joseph Shine, a businessman from Kerala who lives in Italy. He was represented by Kochi-based advocates Kaleeswaram Raj and his daughter Thulasi K Raj and Delhi-based advocate Suvidutt Sundaram. According to IPC section 497, “Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is
13 killed after SUV veers off road in Shimla
Kaleeswaram Raj and daughter Thulasi K Raj, counsel for the adultery case petitioner, outside Supreme Court. -PTI guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case, the wife shall not be punishable as an abettor.” Writing for self and Justice Khanwilkar, CJI Misra said, “(It) is demonstrable that women are treated as subordinate to men inasmuch as it lays down that when there is connivance or consent of the man, there is no offence. This treats the woman as a chattel. It treats her as the property of man and totally subservient to the will of the master.” The bench pointed out that Section 497 does not bring within its purview an extramarital relationship with an unmarried woman or a widow, nor does it confer any right on the wife of an adulterous
husband to proceed against him. By treating only the man as the aggrieved person, “it confers a licence on the husband to deal with the wife as he likes, which is extremely excessive and disproportionate,” the CJI said. Section 497, he wrote, curtails the dignity of women “by creating invidious distinctions based on gender stereotypes.” and “the emphasis on the element of connivance or consent of the husband tantamounts to subordination of women”. To attach criminality to it, he said, “would tantamount to the State entering into a real private realm”. Rejecting arguments that the IPC section was intended to protect marriages, the CJI said adultery may not always be the cause but may also be the result of unhappy marriages — and making it
The four-month-old cub was spotted struggling at the bottom of a well in Kelwa village, Rajasthan
under veterinary observation. “We are hoping that her mother comes looking for her so that they can be reunited,” says Singh. “In past, we have seen mothers reject such cubs. If we do find her, we will track them for a few days to ensure everything goes well.”
Kartikey Dev Singh kartikey.singh@thevigilplanet.com Jaipur: It took 15 officers from the
Rajsamand Forest Department just two hours to pull out a four-month-old leopard stuck at the bottom of a sludgy, 70-foot deep well. But it’s not a happy ending yet. The task now is to identify and reunite the cub with her mother. At around 10:15 am on Tuesday, the Rajsamand Forest Department received a call saying a leopard cub was spotted struggling at the bottom of a well in Kelwa village. “The well was in a field situated on the Kelwa-Kala Magra road, and a rescue team was dispatched,” says Fateh Singh, District Forest Officer of Rajsamand district.
It took the team nearly one hour to reach the spot, by when a crowd of villagers had gathered around the well. “We had to cordon off the area to execute a rescue plan without hindrance,” Singh says. Seeing that it was a young cub, the team decided to use a net. “A tranquilliser would put her life at risk,” says a forest officer. The team lowered the net into the well and spread it in one part at the bottom. “Most of our time was spent luring her into the net,” Singh explained. “She kept ducking behind a stone that was jutting out of the well. After a few attempts, we were able to pull her out.” The cub did not sustain any injuries and looks healthy; she is now
Coastal Road cost doubles in a year THE VIGIL PLANET NETWORK
Mumbai: THE cost of the ambitious Coastal Road has nearly doubled in a year. A revised proposal, revealed to the BMC’s Standing Committee in a meeting on Friday, states that the cost of three stages of the Coastal Road has increased to Rs. 8,429 crore from Rs. 4,816 crore estimated in August 2017. After including taxes and environment related measures, the cost goes up to Rs. 12,721 crore. The figure is for just the 10-km stretch (from Princess Street Flyover to south end of Bandra Worli Sea Link) that the BMC will be financing of the 29-km corridor. The proposal may be taken up for discussion at the next meeting. The CR that would run parallel to the western coastline from Nariman Point to Kandivali was envisaged in 2012 at an estimated cost of Rs 10,000 crore. The
zero points of Kohli, by far the most famous Indian sportsperson at the moment, and Mirabai’s 44 points. However, what Punia has ignored is that cricketers — or, for that matter, athletes of many other sports like kabaddi, kho kho and the like — do not participate in competitions like the Olympics and Commonwealth Games, and thus can’t be judged on the points system. To put it simply, cricketers will always have zero points against their names because there is no system in place where performances in the cricket World Cup can be compared with that of the Olympics, or Asia Cup with that of Asian Games and so on. The fact remains that Kohli is the No. 1 ranked batsman in the world in two out of three formats at the moment, and Mirabai is the only Indian who is currently a world champion in an Olympic sport. The focal point, thus, is that controversies erupt re-
punishable was unlikely to bring commitment back between partners. Justice Chandrachud, in his concurring judgment, overruled a previous decision of a three-judge bench headed by his late father, former Chief Justice Y V Chandrachud in the 1985 case Sowmithri Vishnu vs Union of India & Another in which Section 497 was challenged as violative of Article 14 by denying women the rights available to men. “The history of Section 497 reveals that the law on adultery was for the benefit of the husband, for him to secure ownership over the sexuality of his wife… It was aimed at preventing the woman from exercising her sexual agency… In fact, the provision is steeped in stereotypes about women and their subordinate role in marriage,” he wrote.
Cub rescued from well awaits reunion with mom
Shimla: Thirteen people, including
three couples, died after a vehicle veered off a road and fell into a deep gorge in Himachal Pradesh’s Shimla district on Saturday, a police official said. The accident happened at Sanail, three kilometres from Kuddu on Tiyuni Road in Rohru tehsil. The ill-fated Trax vehicle (bearing registration number HP 02 0695) was on its way to Tiyuni from Swara. All the 13 occupants were killed in the accident, Shimla Superintendent of Police Omapati Jamwal said. While 10 of them died on the spot, three succumbed to injuries at Rohru hospital, Jamwal said. The deceased included eight members of three families. They have been identified as Matvar Singh (48), his wife Basanti Devi (44), their son Munish (24), Prem Singh (38), his wife Poonam (30), their daughter Ridhima (6), Attar Singh (44), his wife Munna Devi (40), Bittu (42), Bandi Devi (48), Ner Singh (35), Manoj (35) and Anil (28). Most of the victims were residents of different areas falling under Rohru tehsil of Shimla.
twitter.com/thevigilplanet
₹12.7k Cr for 10km After taxes and environment, cost goes up to ₹12,721 crore. This is for just the 10-km stretch (from Princess Street Flyover to south end of Bandra Worli Sea Link) that the BMC will fund.
project that went through several approval phases, is being executed by various agencies. While the BMC will be constructing the portion from Princess Street Flyover to south end of the Bandra Worli Sea Link, MSRDC will be engaged for the portion from north end of the Bandra Worli Sea Link to Versova. MSRDC’s cost for the sea link alone is expected to be nearly Rs 7,000 crore. After acquisition, the total cost for MSRDC will be nearly Rs 11,500
crore. The administration has listed several reasons for cost escalation and they include water tax, sewerage tax, supervision cost on project cost. The civic body has also cited that Rs.10 crore will be spent on Butterfly Garden as suggested by Environment and Forest Ministry, Rs.175 Crore for preservation of marine life and coastal vegetation and Rs. 124 crore to transfer service utilities duct.
>> Continued on Page 2
garding the Khel Ratna award due to its inefficient methodology. Unless cricket becomes part of the Olympics along with other non-Olympic sports, there cannot possibly be a standard points system in place. Making cricketers and other non-Olympic athletes ineligible for these awards would also be unfair. If that was the case, legends like Sachin Tendulkar or Rahul Dravid or MS Dhoni would not have got coveted government awards. Despite bringing in changes in the format, eligibility rules and basic structure of these awards, the Khel Ratna award, which was instituted in 199192, has always been a topic of debate. In 2001, when legendary runner Milkha Singh created an uproar after being chosen for the Arjuna Award years after his retire-
ment along with lesser achievers compared to what he did in his time, the Sports ministry decided to change the composition of the awards panel by bringing more sportspersons into it. But there are still loopholes. Performances over four years are taken into consideration for picking a Khel Ratna and yet, popular choices in an Olympic, Commonwealth or Asian Games year often get the nod at the expense of consistent performers over the four years. For example, how could one justify PV Sindhu’s bronze medal at the 2013 World Badminton Championships, an annual event, being worth only five points while a bronze-medallist at the Asian Games, which comes only once in four years, being handed out 20 points? Thus, the only solution to end these controversies year after year can be by completely overhauling the points system, and getting a more logical mechanism in place.
₹7 Pages 6
22
Saturday September 2018 VOL XVI 202
Traders protest e-comm tie-ups, call for bandh Allege back-door entry for Walmart, Amazon in India
Keyur Dhandeo keyur.dhandeo@thevigilplanet.com
Why Khel Ratna selection needs an overhaul Chander Shekar Luthra shekhar.luthra@thevigilplanet.com
THE VIGIL PLANET
-PTI
Mumbai: THE stock markets logged
epaper.thevigilplanet.com
Mumbai/Delhi/Jaipur/Ahemdabad: RETAILERS and traders from across the country are up in arms against the Flipkart-Walmart deal and the one between Amazon and More. Already reeling under financial stress, traders fear these mega deals will hurt their interests further. The Federation of All India Vyapar Mandal has organised a protest at Jantar Mantar, New Delhi today, while the Confederation of All India Traders (CAIT) has called for a Bharat Bandh on September 28. Traders claim the deal will give back-door entries to multi-national giants like Walmart and Amazon. Organisations representing small traders have lined up protests to scrap such deals. The Federation claimed that FDI in retail sector has posed a threat against livelihood of traditional neighbourhood shops. “The present rules do not allow Walmart to operate in India, but after buying controlling stake in Flipkart, it can gain backdoor entry. Similarly, Amazon will enter into organised retail after buying out More,” said Jayendra Tanna, national executive president of the Federation.
THEIR CART OF GRIPES SEPT 25
Federeation of All India Vyapar Mandal to protest at Jantar Mantar
SEPT 28
CAIT has called for a Bharat Bandh
8.5 Lakh Conventional medical stores across India will be deprived of livelihood due to onine drugstores, claims Maharashtra State Chemists and Druggists Association
VK Bansal, national general secretary of FAIVM said that over 1,000 traders from across the country and about halfa-dozen private businesses will stage the protest. “The dharna is against FDI in retail in Indian market. Companies like Walmart break rules with impunity, which is affecting the business of small traders. Metro Cash-and-Carry has permission only to sell in wholesale market,” he said. Miffed with the onslaught of online drugstores offering nearly 60% discounts, Maharashtra State Chemists & Druggists Association is also participating in the bandh on September 28. The Association fears that nearly 8.5 lakh conventional pharmacies across the country will be deprived of their livelihood. They want restriction on number of prescriptions to be handled by online pharmacies. Besides,
Business of smalltime traders hit due to discounts offered by onine giants
digital prescription be allowed and not the scanned copy. Each state must have complaint redressal cells. The Association fears that nearly 8.5 lakh conventional pharmacies across the country will be deprived of their livelihood. The CAIT has also started a threemonth long Rathyatra to create awareness about the threats posed by such deals. A chariot will criss-crossing about 20,000 km through various states. At present it is travelling in Madhya Pradesh. Mahendra Shah, national chairman of CAIT said that its time traders united. “MNC giants resort to predatory pricing, a turf where small retailers can’t compete. Once small traders are eliminated and monopoly established, they will increase the prices of goods and exploit the customers,” Shah said. >>Turn to P3
Activists bat for eco-friendly clay idols and artificial lakes THE VIGIL PLANET NETWORK MORE than 33,000 Ganesh idols were immersed in artificial lakes this year. While the numbers have improved in comparison to last year, it accounts for only 16 per cent of the total idols. Environmentalist believe we have a long way to go yet, and called for more environment-friendly options such as Shaodu idols and immersions at home. Former Mayor Dr Shuba Raul had started eco-friendly Ganeshotsav and initiated the drive to create artificial lakes for immersion in 2008. While the idea gained popularity, BMC seemed reluctant to increase the number of lakes drastically. From 25 lakes in 2008, the number of artificial lakes increased to a mere 31 in in 10 years. According to the civic body,
a total of 2,01,556 idols were immersed in the past 10 days, of which 12,497 were Sarvjanik and 1,89,059 were household. Out of the 2 lakh idols, only 33,632 were immersed in artificial lakes across the city. “While artificial lakes are a great alternative to polluting natural water bodies, it has become an imperative to device newer ways to protect the environment. The government should promote shadu idols that dissolve easily and people can start immersing idols at home,” said Dr Vijay Sangole, who started experimenting with artificial wells in Pestan Sagar Society, Chembur. “People usually immerse plaster of paris idols in the artificial lakes, which take years to dissolve. Artificial lakes do
not particularly help in protecting the environment; they save natural lakes from getting polluted and also reduces traffic woes,” he added. Number of idols immersion in artificial lakes:Out of 2 lakh idols, only 16%, i.e., 33,000 were immersed in artificial lakes this year.