Page 26 - PR Communication Age January 2016
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A bench of Justices Dipak Misra and P In delivering the judgment, a bench of which provides that an incumbent of
C Pant on November 16 entertained Justices Ranjan Gogoi and N.V. Ramana an office in connection with the affairs
the petition and issued notice to the struck a delicate balance between Ar- of any religious or denominational in-
Rajasthan government seeking its re- ticles 25 (right to practise one's reli- stitution or any member of the govern-
sponse. gious beliefs) and Article 26 (right to ing body thereof shall be a person pro-
manage one's religious affairs) of the fessing a particular religion or belong-
Acid survivors must get Constitution and Article 14 (equality ing to a particular denomination."
sops for disabled: SC before law), Article 15 (prohibition of
discrimination on grounds of religion, "Surely, if the Agamas in question do
The Supreme Court has asked all state race, caste, sex or place of birth), Ar- not prescribe any group of citizens
governments to treat acid attack sur- ticle 16 (equality of opportunity in pub- from being appointed as archakas on
vivors as disabled persons to enable lic appointments) and Article 17 (for- the basis of caste or class, the sanctity
them to get benefits of reservation in bidding untouchability). of Article 17 or any other provision of
government jobs and other social wel- Part III (fundamental rights) of the
fare schemes. It said survivors must be "....the exclusion of some and inclusion Constitution or even the Protection of
taken to bring such victims to the na- of a particular segment or denomina- Civil Rights Act, 1955, will not be vio-
tional mainstream and putting them in tion for appointment as archakas lated," Justice Gogoi said.
the category of disabled persons would (priests) would not violate Article 14
be a step in that direction. (equality) so long as such inclusion/ex- Women to be transfered
clusion is not based on the criteria of to their husband's place
Property given to women caste, birth or any other constitution-
for maintenance can't be ally unacceptable parameter," Justice Madras High Court directed the chair-
taken back Gogoi, writing the judgment, said. man of the National Insurance Com-
pany to implement the Centre’s order
The Supreme Court has said that a The ruling came as the court disposed to post or transfer women employees
women's right over property given in of a batch of petitions by some upper to the place where their husband or
lieu of maintenance to be enjoyed dur- caste persons and priests challenging parents stay. The Centre had advised
ing lifetime, cannot be taken away af- a 2006 Tamil Nadu government order the insurance companies to frame a
ter death and she is entitled to be- permitting any Hindu person to be policy on the matter with the approval
queath the assets. appointed temple priests irrespective of their boards and take immediate
of caste and creed. action for its implementation.
Any Hindu can be priest:
SC A strong belief exists among upper Child agency for preven-
caste priests, mainly Brahmins, that tion of trafficking
The Supreme Court has ruled that any permitting other caste groups from
Hindu person irrespective of caste or entering the sanctum sanctorum or The Supreme Court directed the Union
creed could be appointed as temple performing puja would defile the home ministry to set up by November
priest, provided the governing Agama temple itself and is contrary to the 2016 an organised crime investigative
Shastras (the temple tenets) permit it. shastras. agency for prevention of child traffick-
ing and sexual exploitation and rescue
In other words, if the tenets allow a In this context, the court referred to and rehabilitation of victims. The
Dalit, tribal or any other backward class Article 16(5) - related to equality of court, which was hearing a petition
individual as a priest, he/she cannot be opportunity in public appointments - filed by an NGO, said the agency
disqualified on the ground that the job which says: "Nothing in this article should be operational from December
is the exclusive privilege of Brahmins. shall affect the operation of any law 1. The Centre told the court it would
earmark Rs. 100 crore for it.
"What kills a skunk is the publicity it gives itself."
26 PR COMMUNICATION AGE January 2016
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