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PIL in Supreme Court seeks to hold political parties accountable for their manifestos

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Bhuvana Iyer – Mumbai Uncensored, 25th February 2022

A PIL has been filed in the Supreme Court seeking to hold political parties accountable to the essential rational promises made in their election manifestos and make them legally enforceable.

The PIL, filed by lawyer Ashwini Kumar Upadhyay through his advocate Ashwani Kumar Dubey, also sought directions to the Election Commission to regulate functioning of registered and recognized political parties and to seize the symbol and derecognize/deregister parties that fail to fulfil their essential rational promises of their election manifesto.

The PIL sought direction from the Ministry of Law & Justice to take appropriate steps to regulate the functioning of registered and recognized political parties.

According to the PIL, on 15.12.2020, Justice Reva Khetrapal retired as Delhi Lokayukta but the Government did nothing to fill the post till date and hundreds of complaints relating to corruption are pending in the office.

The PIL states Delhi is governed by Aam Aadmi Party, which was formed after historic Anna Movement, seeking Lokpal at Centre, Lokayukta in State and Citizen Charter in every department but it did not amend Lokayukta Act in spirit of Lokpal and Lokayukta Act 2013 and is still using outdated ineffective 1995 Act.

The petitioner submitted that the fulcrum of democracy is the fair electoral process. If the integrity of the process is compromised, then the notion of representation becomes vacuous. Political parties are promising irrational freebies but not fulfilling essential promises. So, the danger to democracy and the Indian republic cannot be gained, the PIL says.

Therefore, the petitioner requested the Court to analyse whether political parties are really concerned about governance or do they cynically participate in the evisceration of the democratic electoral process.

The petitioner submitted that Centre and ECI have not taken steps to regulate the functioning of political parties and to regulate the manifesto. So, the Court is the only hope of citizens.

Injury to Citizens is Large because AAP promised Janlokpal Bill-Swaraj Bill in 2013, 2015 and 2020 election manifesto but did nothing to effectuate them. This is happening in all States because neither Centre has enacted a law to regulate the functioning of political parties and their election manifesto nor ECI made guidelines under Article 324. The petitioner submits that rather than taking effective steps to secure social economic political justice, liberty of thought expression, belief faith worship, equality of status-opportunity, and to promote fraternity assuring the dignity of individual and unity-national integration; political parties fulfil only freebies.

It is highlighted that political parties must not only mention the respective Articles of the Constitution while promising to enact a new law in their election manifesto but must also mention the timeline and deadline. Similarly, political parties must not only mention the steps to control corruption, crime, casteism, communalism, linguism, radicalism and fundamentalism but also mention essential steps to secure important fundamental rights – right to health, right to education, right to shelter, right to road access, right to water, right to food, right to dignity, right to employment, right to justice, right to legal aid, right to clean environment in election manifesto. But, Centre & ECI did nothing in this regard.

The PIL said that in Bhutan and Mexico, political parties are required to submit a copy of their manifesto to Election Commission before a primary round of National Assembly elections and manifestos are published only with the approval of the Commission, after thoroughly vetting and filtering out issues with the potential to undermine security and stability of the nation. In the United Kingdom and Netherland, legal provisions are applicable and offensive campaign materials are screened and taken out. This principle must be applied to India as well.

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Maratha Reservation: Navigating the Complex Path of Social Justice and Constitutional Limits in India

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Manak Sharma, Mumbai Uncensored, 7th November, 2023:

India’s Maratha Reservation is a difficult sociopolitical problem. India’s reservation policies have generally been the focus of divisive discussion and debate for a long time. These initiatives seek to close the nation’s social and economic gaps as well as historical injustices. The Maratha community’s inclusion on the list of socially and educationally backward classes is one such divisive reservation issue.

Historically, the Maratha community in India has experienced tremendous political and social change throughout, they have also held positions of power and influence. During colonial and post-independence times, the Marathas experienced challenges with representation and socioeconomic inequality. They started asking for reservations in government positions and educational institutions in an effort to allay these worries.

Maratha reservation supporters assert that the community has historically been marginalized and subjected to socioeconomic regression, especially in rural areas. They argue that in order to elevate the Marathas, affirmative action is necessary. Advocates draw attention to the disparities between Maratha and other communities’ employment and educational backgrounds. Social justice is one of the core tenets of the reservation system. Supporters argue that granting the Marathas a reservation would help ensure equal opportunities and make amends for past injustices. In Maharashtra, the Marathas have a long history of political influence, but they contend that reservation will guarantee their voice stays strong and relevant.

The argument put forth by opponents is that include the Marathas in the reserved group would go beyond the 50% constitutional cap on reservations. Legal problems and inquiries concerning the reservation policy in general may result from this. Opponents argue that seat reservations undermine merit-based hiring and admissions, potentially affecting the overall standards of education in public schools. Other disadvantaged classes fear they will lose their reserved seat allotment if Marathas too get in reservation list. In addition, critics contend that appropriate procedures and standards ought to be set in order for the Maratha community to recognize worthy candidates.

Election results and the political atmosphere in Maharashtra may be impacted by the Maratha reservation’s political significance. Political parties hope to gain support and influence from the Maratha community by making reservations for them. Given that the Marathas have long been a powerful political force, this action may have an impact on how political power is distributed. It might also have an impact on political parties’ alliances and electoral strategies, encouraging them to pay closer attention to the goals and concerns of the Maratha community. Therefore, the Maratha reservation has the power to influence state governance and policy, as well as change Maharashtra’s political environment.

In summary, the controversy surrounding the Maratha reservation in India serves as a symbol for the larger difficulties associated with putting reservation laws into practice. While it is true that some Maratha communities have experienced socioeconomic difficulties, the reservation debate raises difficult questions. It’s still difficult to strike a balance between righting historical wrongs and making sure that admissions and appointments are determined solely by merit. Subcategorization within the reservation framework, careful candidate selection, and ongoing assessment of the policy’s overall social effects may be the way forward.

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Nawazuddin Siddiqui reached out to wife Aaliya Siddiqui for settlement; the couple finally getting a divorce

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Nomita Jeswasni, Mumbai Uncensored, 29th March, 2023:

After all the disputed happening between the couple from past few months, actor Nawazuddin Siddiqui and wife Aaliya Siddiqui are finally getting a divorce, confirms the wife. She also claimed that she will definitely fight for the kids’ custody as they do not want to live with their father. Nawazuddin also sued his brother Shamasuddin Siddiqui and Aaliya for defamation earlier this week. The actor has asked for 100 crore and a letter of apology.

Stating that she has not yet responded to Nawazuddin’s request for a settlement, Aaliya told “Divorce will happen, that’s for sure and I will also be fighting for the custody of both my kids. Nawaz has also filed for custody, but I will not let that happen. Both my kids want to stay with me and don’t want to live with him.”

Nawazuddin is a cruel and negligent father, said Aaliya, who claims that he sent away his young daughter alone with his “male manager” who hugged her “many times in an uncomfortable manner.” She also told that she was being harassed at the actor’s Mumbai residence. In relation to a property issue, Aaliya was also the target of complaints from Nawazuddin’s mother. Aaliya stated that she and their children Shora and Yaani were thrown out from the Mumbai home in March at a late hour.

Aaliya is currently staying in a rented apartment in Mumbai. She is looking for a new place to accommodate since she was asked to vacate the place by the end of the month but is unable to find a new place due to the ongoing family dispute.

In addition, Aaliya disclosed that her financial situation has prevented their children from attending school, but she has made efforts to enrol them in various classes to ensure they stay up-to-date with their education. She further shared that she intends to change her name back to Anjana Kishore Pandey after the divorce.

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Legal notice to Netflix over ‘offensive remark’ made against actress Madhuri Dixit in Big Bang Theory

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Nomita Jeswani, Mumbai Uncensored, 27th March 2023:

A legal notice was sent to Netflix by political analyst Mithun Vijay Kumar for allegedly insulting Bollywood actress Madhuri Dixit in one of The Big Bang Theory’s episodes. Kumar claimed that the creators were encouraging sexism and misogyny in their work. He also ordered that the show be taken off the air for defaming the actress.

For those who are unfamiliar, Sheldon Cooper, played by Jim Parsons, compares Aishwarya Rai to Madhuri Dixit in the first episode of The Big Bang Theory. He refers to Aishwarya Rai as poor man’s Madhuri Dixit in one scene. Raj Koothrapalli, another character played by Kunal Nayyar, responds to his remark by saying, “Aishwarya Rai is a goddess, by comparison, Madhuri Dixit is a leprous prostitute.”

“It is important to hold companies like Netflix accountable for their actions and to ensure that they are sensitive to the cultural values and sentiments of the communities they serve. I strongly believe that streaming service providers have a responsibility to carefully curate the content that they offer on their platforms. It is their duty to ensure that the material they present does not include derogatory, offensive, or defamatory content. I was deeply troubled by the use of a derogatory term in one of the shows on Netflix – Big Bang Theory. This term was used in reference to the acclaimed actress Madhuri Dixit, and it was not only offensive and deeply hurtful but also showed a lack of regard for her dignity.” said Mithun Kumar in a statement

“I strongly believe that streaming service providers must take such issues seriously and act quickly to address any instances of offensive or defamatory content. Furthermore, streaming service providers should be proactive in preventing such content from being streamed. This can be achieved through clear guidelines and rigorous screening processes for all the content published. Ultimately, streaming services have a significant influence over the content that is consumed by millions of individuals, and with this influence comes a responsibility to ensure that the content they offer is respectful, inclusive, and free from harmful stereotypes. I hope that this incident will serve as a wake-up call to all streaming services providers to work towards creating a more equitable and respectful media landscape,” he concluded.

Chuck Lorre and Bill Prady’s CBS sitcom The Big Bang Theory started in 2007. The show also starred Kaley Cuoco, Johnny Galecki, Simon Helberg, Mayim Bilaik, and other actors. 2019 saw the airing of the final episode.

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