FRIDAY www.thestatesman.com 13 JULY 2018 FIND US ONLINE Scan this with your smartphone twitter.com/TheStatesmanLtd facebook.com/thestatesman1875 Pages 16 |`5|LC KOLKATA | NEW DELHI | SILIGURI | BHUBANESWAR A JUDGE POISED TO DIVIDE USA UNCERTAIN GLORY 36,548.41 +282.48 NIFTY 11,023.20 +74.90 ` vs $ 68.72 Generally cloudy sky. Moderate rain likely to occur. The maximum and minimum temperatures would be around 34 and 28 degrees Celsius respectively. RAINFALL: Trace RELATIVE HUMIDITY Max. 77% TEMPERATURE GOLD 30,154 -249.00 SILVER 38,805 -255.00 BRENT OIL (IN $) 74.33 STATESMAN NEWS SERVICE Min: 28.6°C (+1) SUN SETS 19:22 hrs MOON SETS 19:40 hrs NEW DELHI, 12 JULY T THUMBNAILS Kuldeep Yadav (2nd R) celebrates with teammates after taking the wicket of England's Jonny Bairstow during the One Day International (ODI) cricket match between England and India at Trent Bridge in Nottingham central England on Thursday. Kuldeep’s six-wicket haul helped India bowl out Eng(MATCH REPORT ON PAGE 15 ) land for 268. India won by eight wickets. AFP Putin competitor, not enemy, says Trump: US President Donald Trump said at a NATO summit in Brussels on Thursday that he sees his Russian counterpart Vladimir Putin as a “competitor” but not an “enemy”, days before they meet for a high-stakes summit.“He's not my enemy... ultimately he's a competitor, he's representing Russia, I'm representing the US,” Trump told reporters at a NATO summit. m Retail inflation hits 5-month high: Retail inflation spiked to a five-month high of 5 per cent in June on costlier fuel, despite easing food prices, reducing possibilities of an interest rate cut by the Reserve Bank in its upcoming monetary policy review. The retail inflation based on Consumer Price Index (CPI) stood at 4.87 per cent in May. It was 1.46 per cent in P11 June 2017. Under-20 Athletics Gold medal: Hima Das on 2 Thursday scripted history by becoming the first Indian woman to win a gold at the IAAF World Under-20 Athletics Championships as she clinched the top spot in the women's 400m final race on the third day of the competitions in Tampere (Finland). The 18-year-old Das, a pre-tournament favourite, clocked P15 51.46s to win the gold medal. IndiGo near miss: Nearly 330 passengers had a narrow escape after two IndiGo planes averted a mid-air collision over the Bangalore airspace on Tuesday, prompting authorities to launch a probe into the incident, industry sources said. The aircraft involved in the incident were operating on Coimbatore-Hyderabad and Bangalore-Cochin routes. An IndiGo spokesperson confirmed the incident. Apex court castigates ‘superman’ LG over Delhi’s dirt mounds SNS NEW DELHI, 12 JULY The Supreme Court Thursday slammed the Delhi Lieutenant Governor (LG) for betraying the attitude of a "superman" but doing nothing to get the“mountains of garbage” of the national capital cleared, with a garbage site even spiralling to a height close to that of the city's historic monument Qutub Minar. Describing the situation in Delhi over solid waste management as “absolutely bizarre”, the apex court reportedly highlighted the city's “mountains of garbage” at three landfill sites in Ghazipur, Okhla and Bhalswa, pointing out that there was a 65-metre garbage mound at Ghazipur which was "only eight metres less than the Qutub Minar". A Bench, comprising of Justice Madan B Lokur and Justice Deepak Gupta, castigated the LG's “attitude”, saying no official from his office had bothered to attend a meeting chaired by the Delhi health minister on the solid waste management matter. “Here nobody from the LG office bothered to attend the meeting and he (LG) says that I have the power and I am the 'superman',” the Bench observed. "This is nothing but passing the buck. The (Municipal) Corporations are doing this, so it is their duty. Because I (LG) am a powerful man, nobody can touch me and I will not do nothing. This is the attitude." The top court had on 10 July asked the Centre and the Delhi government to clarify who could be held responsible for clearing the “mountains of garbage” in the city ~ those reporting to LG Anil Baijal or to Chief Minister Arvind Kejriwal. Referring to the affidavits filed by the LG's office and the AAP-led Delhi government in this regard, the apex court today said both of them have said that solid waste management in Delhi is the Municipal Corporations' responsibility and that the LG has the authority to issue directions in this regard under the Delhi Municipal Corporation Act. “Is the office of the LG responsible? According to your affidavit, the answer is yes. Then do not bring the Chief Minister into this,” the Bench said. TURN TO PAGE 5 Tharoor kicks up controversy with ‘Hindu Pakistan’ jibe PRESS TRUST OF INDIA THIRUVANANTHAPURAM/ NEW DELHI, 12 JULY Congress leader Shashi Tharoor triggered a huge controversy with his remarks that if voted to power again, the BJP will rewrite the Constitution and pave the way for creation of a “Hindu Pakistan”. The comments by Tharoor sparked demands from the BJP today for an apology from Congress president Rahul Gandhi for the “attack on Indian democracy and Hindus” while his party voiced its disapproval and cautioned its leaders to exercise restraint in their response to what it called the saffron party's “hatred”. Union Information and Broadcasting Minister Rajyavardhan Singh Rathore also assailed Tharoor, dubbing his remarks as “pure hallucination”. “If they have been able to win a repeat of their current strength in the Lok Sabha, then frankly, our own democratic Constitution, as we understand, will not survive... because then they will have all the three elements they P16 +0.93 Apex court says it will comprehensively scrutinise constitutional validity Min. 56% Max: 37.8°C (+2) SUN RISES 05:33 hrs MOON RISES 06:39 hrs P10 SC on 377: ‘Stigma to go with decriminalisation’ SPIN WONDER WEATHER CROATIA STRAINING AT THE LEASH TO TAKE ON FRANCE P9 P8 SENSEX PAKISTAN TO FILE COUNTER-MEMORIAL IN JADHAV CASE need to tear up the Constitution of India and write a new one. “And that will enshrine the principle of Hindu Rashtra, that will remove equality for the minorities, and that will create a Hindu Pakistan...and that is not what Mahatma Gandhi, Nehru, Sardar Patel, Maulana Azad and great heroes of the freedom struggle fought for,” the Lok Sabha MP from Thiruvananthapuram told an event in the Kerala state capital yesterday. Lok Sabha polls are due next year. Unfazed by the controversy, a combative Tharoor took to Facebook today to defend his comments, insisting that the BJP and RSS' idea of a Hindu Rashtra was the “mirror image” of Pakistan. A livid BJP came out strongly against Tharoor with party spokesman Sambit Patra calling it “extraordinary” as it was an “attack on the Indian democracy and Hindus”. “Yet again Tharoor has cattle-classed Indian democracy. The Congress' character is that it crosses the 'Lakshman Rekha' (limit) in its hatred for Narendra Modi and the BJP, and in doing so, it assaults Indian democracy,” he told reporters in Delhi. “It is shameful to denigrate one's own country, one's own country's democracy, to denigrate the Hindu religion time and again. “This is a shameful act for which Rahul Gandhi should come out and not only apologise but explain to us why any leader of that party, whenever they open their mouth, they speak this way,” he said. Tharoor had courted a controversy a few years ago when he was a minister at the Centre with his comment on Twitter that he would travel “cattle class out of solidarity with all our holy cows.” The comment had followed the then finance minister Pranab Mukherjee's advice to Congress leaders to observe austerity in order to cut down expenditure in the wake of drought in several parts of the country. Patra said it was an insult to compare India's democracy to that of Pakistan, which he called “terroristan”, and demanded that the Congress stop “fear-mongering”. In his post, Tharoor said many proud Hindus like him cherished the inclusive nature of the faith and had no desire to live, as their Pakistani neighbours were forced to, in an intolerant theocratic state. “We want to preserve India and not turn our beloved country into a Hindu version of Pakistan”. he Supreme Court on Thursday said the social stigma and discrimination against the LGBTQ (lesbian, gay, bisexual, transgender and queer) community would go if the existing criminality of consensual gay sex under Section 377 of the 158-year-old Indian Penal Code (IPC) is removed, maintaining that it will comprehensively scrutinise the constitutional validity of Section 377. Continuing to hear a clutch of petitions seeking decriminalisation of consensual gay sex between adults, a five-judge Constitution Bench, headed by Chief Justice Dipak Misra, also reportedly rejected a proposal of some lawyers, seeking retention of Section 377, that public opinion should be elicited on the matter. The apex court said it did not want a referendum on the matter but will go by constitutional morality. Taking note of these lawyers' vehement opposition and their charge that the Centre has made "U-turn" on the matter, the Bench said, "On the mere concession of the Centre, we will not say that the Section is ultra-vires.We will have to analyse every aspect. We will do a detailed analysis of Section 377 and its constitutional validity." “We will try to see whether Section 377 of the IPC can stand the test of fundamental rights enshrined under Articles 14 (right to equality), 19 (freedom of speech and association) and 21 (right to life and liberty) of the Constitution,” said the Bench also comprising of Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra. The Bench asked lawyer Maneka Guruswamy, appearing for a petitioner, whether there was any law, rule, regulation, bye-law or guideline, which barred homosexuals from availing any rights available to others. “There are no such provi- sions,” she said. It then observed that the LGBTQ community faced the stigma because of the criminality of the consensual same-sex relationship. “Once the criminality (under Section 377) goes, then everything will go (social stigma, discrimination etc),” the Bench claimed. “Over the years, we have created an environment in the Indian society which has led to deeprooted discrimination against people of same sex involved in a consensual relationship and this has impacted their mental health also,” the Bench said. Referring to the Mental Health Care Act, the Bench said, “It also recognises the fact that such persons cannot be discriminated against on the ground of sexual orientation.” The Bench's observations came when senior advocate C U Singh, appearing for one of the intervenors, said mere quashing Section 377 will not serve the purpose as the LGBTQ community are being discriminated against on various fronts. “This community feels inhibited as they do not even get proper medical care because of the prejudice,” Justice Malhotra said. Thehearingremainedinconclusive today after three consecutive days and would resume on 17 July. The Centre had yesterday left it to the apex court's wisdom to decide the constitutional validity of Section 377 while urging the court not to deal with issues like gay marriages, adoption and ancillary civil rights of the LGBTQ community. The Bench had told the Centre that it was not“considering all these issues”. The Bench had then asserted that it will test the constitutional validity of the colonial law with regard to the consensual sexual acts of two adults and if it decides to strike down the penal provision, then it would remove “ancillary disqualification” of the LGBTQ community members who could easily join the services, contest elections or form associations.
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