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Bihar Election Phase 3: 55.22% Voter Turnout Recorded Says Election Commission

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Bihar Election Pre Results - News Aur Chai

Today Bihar witnessed its final phase (Phase 3) of assembly elections and recorded 55.22 per cent voter turnout according to Election Commission. In phase 3, things have gotten rough for Chief Minister Nitish Kumar, who is against many rivals, including his former ally Chirag Paswan, leader of Lok Janshakti Party (LJP).

In this phase at least 1,204 candidates contested for the 78 assembly seats which are spread across 19 districts. Among these candidates include 382 independents; the last phase includes 1,094 male and 110 female candidates. In phase 1 of the election, held on October 28, witnessed 55.69 per cent polling of electoral response in the state and 53.51 per cent in the second phase which was held on November 3.

Prominent Candidates in Phase 3

The state of Bihar has some very eminent and prominent candidates in the final phase; these are BJP’s Niraj Kumar Singh contesting for Chhatapur seat, cousin of late actor Sushant Singh Rajput; Bihariganj’s candidate Subhashini Sharad Yadav of Congress, and daughter of former Union minister Sharad Yadav. Assembly Speaker Vijay Kumar Choudhary is contesting from the Sarairanjan seat, where an interesting triangular contest is seen between the parties of Janata Dal (United) (JDU), Rashtriya Janata Dal (RJD) and LJP.

Voting is also being held for the Valmiki Nagar Lok Sabha seat, where a by-election was held after the death of the late JD(U) MP Baidyanath Mahato.

Though Bihar’s Mr Kumar tried to set an emotional tone by calling it his “last” election, NDA is seen to be facing its most challenging time in the final round of polls in Seemanchal which includes Kishanganj, Araria, Katihar and Purnia, Kosi that includes Supaul, Saharsa and Madhepura, Mithila that consists of Darbhanga and Madhubani and Muzaffarpur and Sitamarhi which comes under Tirhut.

The belt of Seemanchal gives an added assurance to the RJD-led Mahagathbandhan (Grand Alliance). Still, Asaduddin Owasi’s AIMIM, is contesting on 16 seats in the final round, this may cause a significant cut into Grand Alliance’s votes, and AIMIM could make its way to win one to two seats. There’s a neck to neck fight waiting for NDA in Purnia, Araria and Katihar.

The fate of Grand Alliance looks a little compromised in the Kosi belt too, ahead with only NDA old-timers such as ministers, Bijendra Prasad Yadav of Supaul and Alamganj’s Narendra Narayan Yadav are all set to retain their bastions. JD(U)’s nominee from Madhepura who is the grandson of former CM BP Mandal, Nikhil Mandal is in the fight too; it is an altogether different thing that the socialist staunch, who profoundly opposed Congress in the past, vehemently overjoyed with his daughter joining Congress.

Saharsa seat is eyed by Lovely Anand, wife of imprisoned former MP Anand Mohan, a fervent RJD contender. EBC Mallah leader Mukesh Sahni is also finding it difficult against RJD in Simri Bakhtiyarpur seat.

Other top contenders in this round are the former minister and senior RJD leader Abdul Bari Siddiqui (Keoti), Lalu Prasad’s close attache Bhola Yadav of Hayaghat, BJP leader Sanjay Saraogi of Darbhanga, BJP’s Binod Narayan Jha from Benipatti, AIMIM’s Akhatarul Iman from Amour, old-timer RJD leader and minister in the past, Ramai Ram from Bochaha, BJP minister Suresh Sharma contesting from Muzaffarpur, JD (U)’s face Bima Bharati and Lesi Singh from Rupauli and Dhamdaha respectively.

Clashes amid Bihar phase 3 polling:

While voters were in the queue and were waiting for their turn to cast their votes, many unlawful situations cropped up.

In Purnea, police had to fire in the air to chase away people trying to disturb voting outside a booth under Dhamdaha assembly segment.

In Araria, RJD competitor from Jokihat seat, Sarfaraz Alam, sought debate by turning in the mood for casting a ballot with a badge of his party stuck in his shirt which is infringement of the model code of conduct. When asked about it, Alam smiled and didn’t offer any remark.

Araria District Magistrate Prashant Kumar said the issue had gone as far as anyone is concerned and legal activity would be taken in the episode. Alam, elder son of previous association serve Mohammad Taslimuddin is set in opposition to his more youthful sibling Mohammad Sahnawaz who conflicts with AIMIM party.

Last-minute appeals by parties:

Early in the morning before the third phase had begun, Mr Paswan, chief of LJP, said, “I have worked on the ground, working hard for the party all alone. One thing is clear, both the phases have confirmed this thing and the third phase will put a final stamp on it, that Nitish Kumar will never become the chief minister again.”

It is seen that Junior Paswan is quite adamant on the fact that he profoundly wants to drive Mr Kumar out from the race. His statements before, after and throughout the election campaign have been on the same lines. As seen in the previous two phases, candidates LJP have actively contested in several seats this time, and has brought in the sense of insecurity in the JD(U).

“I request all voters to participate in this festival of democracy in large numbers and set a new voting record. However, it is necessary to wear masks and maintain social distancing,” appealed Prime Minister Narendra Modi to the voters that wear all geared up for the final phase of the Bihar election. Union Home Minister Amit Shah is also seen appealing to all the voters of the third and last phase in Bihar to vote in maximum numbers.

In a tweet by Mr Kumar, appealed to people for exercising their voting rights.

While the NDA looked confident until a few months ago, it seems that the ruling coalition has tried to have taken cautious note as appeals to voters came from senior BJP leaders like PM Modi and the face of NDA, Mr Kumar towards the end of the election campaign.

Amongst everyone else the 31-year-old chief ministerial face of RJD, Tejaswi Yadav also gave it a last shot and said, “I appeal to everyone to participate in this festival of democracy & cast their votes. In this election, Bihar will decide on its future. Nitish Ji is tired & he is unable to handle the state.”

The RJD, was once considered an election-winning machine of Bihar, has mentally prepared itself and is hoping for a comeback, energized by the hefty response well received by Tejashwi Yadav in his over two dozen rallies. The RJD has clanged to its former and old ally, the Congress, besides the Left parties by making a Mahagathbandhan. Rahul Gandhi, president of Congress, appealed voters to vote and strengthen democracy.

In the early hours of today, PM Modi appealed to citizens to “set another precedent” as surveying started in the last stage. PM, who went to 12 public meetings during the mission, had come out with an open letter routed to the individuals of the state on Thursday saying he “required” Mr Kumar in the state, so that the improvement of Bihar proceeded with unhindered.

Regardless of warnings by “extreme sceptics” about holding the Bihar assembly elections amid the COVID-19 pandemic, the circumstance so far was sensibly acceptable as two phases of casting votes have completed, Chief Election Commissioner Sunil Arora said on Thursday. “There was no deficiency of doubters, no shortage of sceptics, and no lack of outrageous pessimists who were making doomsday expectations for us. In any case, here we are so far in a sensibly decent shape,” he said.

The votes will be counted on November 10.

A girl with aspirations and desires skyrocketing yet likes to keep it lowkey—also a political enthusiast with the zest of bringing a change. I always like to be indulged in good conversations with a hot cup of coffee. I am an avid reader with a habit of binge-watching movies and shows.

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Ram Mandir Opening For “Darshan” In 2023

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Ram Mandir Opening 2023 | News Aur Chai

The Ram Mandir in Ayodhya is expected to allow visitors by December 2023, with the completion of construction only in 2025.

Sources in the Shri Ram Janmabhoomi Teerth Kshetra have revealed that the colossal project of building the Ram Mandir in Ayodhya, Uttar Pradesh, will be opening for devotees towards the end of 2023. In contrast, the project’s entire construction completion is expected towards the end of 2025. The sanctum sanctorum (Garbha Griha), along with the mandir’s first floor, will be ready by December 2023. Devotees will be allowed to visit the long-awaited mandir soon after the construction is completed.

An ANI report said, “The grand Ram Mandir being constructed in Ayodhya will be opened for devotees from December 2023. Sources told ANI that Garbhagriha, all five mandaps and the first floor will be ready by December 2023 and the mandir will be opened for devotees”.

The sanctum sanctorum will be as high as 161 feet and built using Rajasthani marble and stones. Engineers and architects are taking all measures to ensure the longevity of this enormous project. The second stage of construction is expected to begin in December this year. Currently, the structure is at a standstill as a result of monsoons. Another reason for the delay is the coronavirus pandemic that depleted the force with which the mandir’s construction was expected to go on.

The announcement of the mandir being opened to visitors in 2023 has brought up questions about the political agenda. It is believed that the Bharatiya Janata Party (BJP) aims to use the mandir to catapult themselves into a position of advantage during the 2024 Lok Sabha elections. Opening the mandir to devotees in December 2023 will give the BJP an easy 6-month gap to the general elections in 2024.

The opening of the long-awaited Ram Mandir in Ayodhya could be the factor that diverts the public, at least the Hindu’s in favour of BJP. Thus, securing them a vote bank based on religious sentiments upheld by the party in their previous tenure as the ruling party.

The Ram Janmabhoomi Mandir will be 360 feet long, 235 feet wide, and 20 feet high mandir will be completely ready by the end of 2025. The project will include amenities and structures like museums, archives, research centre, Sant Niwas, gau and Yagya shala, Etc. The main attraction is the Ram Mandir.

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Centre to SC: Shreya Singhal Judgement- States Also Have Liability To Guarantee Individuals Not Troubled Utilizing Scrapped Section 66A

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Shreya Singh Judgement_66A II News Aur Chai

The Center has submitted to the Supreme Court that police and police requests being state subjects, the obligation to ensure the execution of the pronouncement that annuls Section 66A of the Information Technology Act belongs to the states. Further, the law requires organizations to share equivalent obligations to hold out the judgment.

On July 5, 2021, a Bench drove by Justice Rohinton F. Nariman said it was “upsetting,” “shocking” and “terrible” that individuals are as yet reserved and tried under Section 66A even six years after the apex court struck down the arrangement as unlawful and an infringement of free speech. The NGO People’s Union of Civil Liberties, represented by senior lawyer Sanjay Parikh and advocate Aparna Bhat, had made the court take notice of the contempt.

Undead segment: About Section 66A of the IT Act 

In its reaction, the Centre said the police and public request were “State subjects” under the Constitution. “Counteraction, location, examination and arraignment of wrongdoings and limit the working of the police are essentially the obligation of the States,” the Centre submitted in the affidavit. It said law requirement organizations share equivalent obligation to agree with the apex court judgment. They make a move against cybercrime offenders according to the law.

Spreading information 

The Centre said the Ministries of Information and Technology and Home Affairs gave a valiant effort to disperse information about the Supreme Court judgment in the Shreya Singhal case. Section 66A had suggested three years of imprisonment if an online media message caused “disturbance” or was found “terribly antagonistic”. Mr Parikh had welcomed the court intervention to work out a system to disperse the Shreya Singhal judgment to each police headquarters and preliminary court in the country.

“Section 66A of the IT Act has continued being utilized inside police base camp just as in cases under the attentive gaze of primer courts across India. This data was accessible on the Zombie Tracker site, created by a group of independent researchers. The discoveries of the site uncover that as of March 10, 2021, upwards of 745 cases are as yet forthcoming and dynamic under the steady gaze of region courts in 11 States, wherein the denounced are being indicted for offences of the IT Act under Section 66A.” the PUCL has acquiesced.

The accommodation has been in the rejoinder affidavit filed by PUCL in the apex court. This response was because of the Centre’s counter-affidavit in a petition filed by PUCL looking for different bearings and rules against the FIRs scraped under the struck-down Section 66A.

PUCL in, its rejoinder affidavit through Advocate Aparna Bhat, has contended that the Union of India should not have avoided its commitment by arguing that the obligation of execution lies with the States just as with the law enforcement agencies. It mentioned alluding to Union’s accommodation in its affirmation that ‘Police’ and ‘Public Order’ are state subjects. Accordingly, the obligation rests with the State.

Alluding to the Centre’s accommodation that they had mentioned Chief Secretaries, all things considered, and Administers of Union Territories to outfit information for arraignments summoning Section 66A get-togethers, PUCL has contended that the reaction to the said letters have ‘nor set on record nor unveiled.’ PUCL has been tending that looking for removal of its application mentioning the execution of the judgment downplays the enormous scope infringement of the right to freedom of speech and expression and the right to fair trials of citizens.

The applicant has proposed the additional directions to be given by the Court in the matter: 

  1. Directions to High Courts: 

The applicant has looked for specific bearings to every one of the High Courts through Registrar Generals. The proposed headings ought to impart to every one of the District Courts and Magistrates that forthwith there ought to be no cognizance taken under the revoked Section 66A of the IT Act. It had been expressed that the High Courts be permitted to start Suo Motu contempt procedures against those liable for enlisting a case under Section 66A or for examining it or for indicting it.

  1. Directions to DGPs: 

The applicant has recommended that bearings are given to the Director-General of Police and Union Territories to convey to all police headquarters inside their separate locales to show a notification that Section 66A of the IT Act has been scrapped. Also, no case can be enrolled under the cancelled Section 66A of the IT Act.

  1. Directions to Respondents: 

Decisions have looked to the Respondents, Union of India, to accumulate the nuances of the cases enrolled by the Police or Law Enforcement Agencies under Section 66A of IT Act since the judgment of Shreya Singhal revealed by coordination with the chief secretaries of the DGP of the States and Union territories.

As per the applicant, Respondents can coordinate to guarantee that Doordarshan and All India Radio make quarterly declarations in significant vernacular dialects advising the public that Section 66A of the IT Act is presently not in power. The applicant has looked for bearings to guarantee that all authority and business forms of the IT Act that are here in after distributed (on the web or disconnected) do exclude the total content of Section 66A and educate the per user that said arrangement stands revoked.

The Shreya Singhal judgment had delivered by the seat which, lifted Section 66A by Judge J Chelameswar and RF Nariman for a violation of Articles 14 and 19(1)(a) of the Constitution. The judgment wrote by Justice Nariman held the arrangement to be obscure, over the edge, and making an alarming impact on free discourse.

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SC/ST Act Misuse: Alleged Fraudulence Of The Atrocities Act?

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SC/ST Atrocities Act II News Aur Chai

The Government of India, recently, claimed in an answer to the MPs of Rajya Sabha, that according to research, many states have conviction rates that are even lower than 1%.

In the year 2019, there were a total of 41,793 incidences of crime or atrocities against Dalits and 7815 cases of crime against tribal people. According to the report, only 44 out of 6540 cases of crimes or atrocities against Dalits in Bihar have been proven factual in trial courts. The STs filed a total of 97 cases under the SC-ST Act, but only two were judged to be true.

The conviction rate was 0.67 percent for men and 2.06 percent for women. It also stipulates the state with the most cases of crime against SCs is Uttar Pradesh, with 9451 cases, or 22.61 percent of all such cases in the country. Rajasthan comes in second with 6659 cases (15.9% of total cases), followed by Bihar (15.6%), and Madhya Pradesh (12.6 percent). In the last year, the number of ST cases filed in UP has increased by 600 percent.

According to the information, 705 cases were filed, however just one case was found to be true during the trials. The conviction rate in Kerala and Karnataka is slightly more than 1%. The SC-ST Act has been used in 1,733 cases in Karnataka. The conviction rate, on the other hand, was only 1.67%. In Kerala, the average conviction rate for atrocities against Dalits and Adivasis under the PoA Act remained at 1.76%. These claims sure put the concerned legislation on spot for being exploited.

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, aimed to prohibit the atrocities committed against members of the Scheduled Castes and Scheduled Tribes, to establish Special Courts for the trial of such offences and the relief and rehabilitation of victims of such acts, and to provide for matters connected with or incidental thereto.

The number of complaints against the misuse of the same has arisen in the last few years. The apex court has had stated in the past, that the Act has been misused to submit bogus complaints to foster caste animosity, rather than blurring caste barriers, adding that, if the Atrocities Act is not brought into line, it may even “perpetuate casteism,” and the court will have to act to prevent “false implication of innocent persons along caste lines.”

However, when seen through the lens of why the Act was necessary and how well it was administered, a different image emerges. The court’s stated goal in a 2018 ruling for the Prevention of Atrocities Act, was to safeguard officers from “arbitrary arrest” and “innocent civilians” from being falsely accused in cases. But according to data from the National Crime Records Bureau (NCRB) and the Ministry of Home Affairs, low conviction rates under the Act may be due to the misuse of the provision as much as the way investigations and cases are pursued in the courts.

Those who have pushed for stricter rules under the Act argue that the low conviction rate is due to the way cases are registered and prosecuted. “Dalits are frequently the victims of discriminatory treatment in the administration of justice,” according to a Human Rights Watch report.

According to a report published in the Economic & Political Weekly, approximately half of the cases brought under the Act do not get to court and are closed by the police. It had also hinted at a “caste bias among the investigating officers.” Sthabir Khora, an assistant professor, alleges that compounding, compensation inducement, and criminal intimidation are some of the practices that tend to prevail when the complainant is from the SC/ST category.

In October 2019, the top court observed the National Crime Records Bureau, where over 47,000 cases were reported in 2016 under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. “It would be against the basic human dignity to treat all of them (SC/ST members) as a liar or as a crook person and cannot look at every complaint by such complainant with a doubt,” remarked justices Arun Mishra, M R Shah and B R Gavai.

The bench stated that if a case filed under the SC/ST Act is determined to be false or baseless, many a time. It could be due to poor investigation or other factors such as human failures, regardless of caste. Therefore, all such accounts must be taken into consideration before making an informed decision to serve justice.

The bench had also added, “All humans are equal including in their failings. To treat SCs and STs as persons who are prone to lodge false reports under the provisions of the Scheduled Castes and Scheduled Tribes Act for taking revenge or otherwise as monetary benefits made available to them in the case of their being subjected to such offence, would be against fundamental human equality.”

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