The Evening Wrap: Same-sex marriage is a ‘mere urban elitist view’, says govt.

The Centre on April 17, 2023, told the Supreme Court that the demand for legal recognition of same-sex marriage is merely a voicing of “urban elitist views” for the purpose of social acceptance. The court should not try to judicially create a “new social institution” by endorsing same-sex marriages. The judges should leave the task to the Parliament, the people would decide whether such a “marriage of a different kind” is socially and religiously acceptable or not, the Centre said. The government has filed this affidavit on the eve of the hearing of the same-sex marriage case before a Constitution Bench led by Chief Justice of India D.Y. Chandrachud. “Creation or recognition of a new social institution cannot be claimed as a matter of right/choice, much less a fundamental right,” the Centre said. The right to personal autonomy does not include a right for the recognition of same-sex marriage. The court would adjudicate solely on the basis of petitions containing “elitist views”, while the legislature, on the other hand, would take into broader views and voices of the rural, semi-rural and urban population, the religious denominations, personal laws and customs and effect of same-sex unions on other laws governing marriage. The existing concept of marriage as a heterogenous institution has the sanctity of law and religion. The legal recognition of same-sex marriage would “seriously affect the interests of every citizen”. In an interesting argument, the Centre said fundamental rights like the right to choose one’s sexual orientation as well as the right to privacy have already been protected under the Transgender Persons (Protection of Rights) Act, 2019. “Any further creation of rights, recognition of relationship and giving legal sanctity to such relationships can be done only by the competent legislature and not by judicial adjudication,” the affidavit reasoned. “Marriage is considered to be an aspect of social policy of the nation across the world. It is within the remit of the appropriate legislature, as the elected representatives of the people, to define it, recognise it and regulate it and the choice not to recognise same-sex marriage is simply a facet of the legislative policy,” the affidavit said. In an earlier affidavit, the Centre had found the idea of same sex marriage a threat to the “holy union” of marriage between a biological man and a woman in India where the union is a “sacrament and a sanskar”. Former CM Jagadish Shettar joins Congress, says BJP in Karnataka is controlled by a few leaders for serving self-interest Senior BJP leader and former Karnataka Chief Minister Jagadish Shettar joined the Congress ahead of the May 10 Assembly elections in the State. A few minutes after he joined the Congress on April 17, KPCC president D.K. Shivakumar handed over to Shettar the ‘B’ form to contest elections from Hubballi-Dharwad Central constituency. Shettar has won from this constituency six times since 1994. He had won all elections on the BJP ticket. He was denied a ticket by the ruling BJP to contest the Karnataka Legislative Assembly elections on May 10. For the first time, he would be contesting elections on the Congress ticket. The 67-year-old Lingayat leader joined the Congress at the party office in Bengaluru in the presence of AICC president Mallikarjun Kharge, Karnataka Pradesh Congress Committee president D.K. Shivakumar and former Chief Minister Siddaramaiah, KPCC campaign Committee chairman M.B. Patil, and AICC general secretary K.C. Venugopal. Kharge offered the Congress party’s flag and a bouquet to Shettar. Soon after joining the Congress, Shettar said, “I quit the BJP and joined the Congress. Many in Karnataka are surprised that I have joined the Congress. There are discussions about me quitting the BJP. For the last several months, no one understood my pain. I built the party along with former Union Minister Ananth Kumar and former CM B.S. Yediyurappa. I built the party in north Karnataka. The BJP had given me several positions. I discharged my responsibilities sincerely. I have taken this decision after seeking the views of well-wishers. Believing in the Congress party’s principles, I joined the Congress now. A new chapter in my political life begins,” he said. Shettar lashed out at BJP leaders in Karnataka. “A few leaders are controlling the BJP in Karnataka for serving their self-interest. I am not criticising Prime Minister Narendra Modi, Home Minister Amit Shah, BJP president J.P. Nadda. They are unaware of the developments in the BJP in Karnataka. Some party leaders are above the party (BJP) in Karnataka,” he said. “I was in the BJP not for power. I am from the Sangh Parivar and an ABVP leader. But the BJP humiliated me by denying the ticket at the last minute. The BJP leaders could have informed me about the ticket a few days ago,” Shettar said. Kharge said, “Mr Shettar is in the RSS, but is a non-controversial man. His joining the party would help the Congress win more seats in the coming elections.” Welcoming Shettar to the Congress, Siddaramaiah said they would look after him in the party in a very dignified manner. On April 16, Shettar, who is a six-time MLA, met Speaker Vishweshwara Hegde Kageri at his residence in Sirsi in Uttara Kannada district, and submitted his resignation as MLA. He holds a B.Com, LLB degree. He was a practicing lawyer for 20 years at the Hubballi bar. He married Shilpa. The couple have two sons. As a BJP member, Shettar served as president of the Karnataka unit, leader of opposition in the Legislative Assembly, Minister in BJP governments, Speaker of the Assembly, and Chief Minister. Shettar represented Hubballi-Dharwad Central constituency in the Legislative Assembly. He served as a Minister in the BJP government led by former Chief Minister B.S. Yediyurappa. When the Cabinet was dissolved after the resignation of Yediyurappa in July 2021, he announced that he would not be a part of the Basavaraj Bommai government. By inducting Shettar, the Congress is keen to send a message that the BJP has not shown due respect to leaders from the Lingayat community that has been its main support base. A few days ago, another Lingayat leader and former Deputy Chief Minister Laxman Savadi quit the BJP and joined the Congress after being denied a ticket from Athani. Senior Lingayat leaders in the Congress — former Ministers Shamanur Shivashankarappa and M.B. Patil — persuaded Shettar to join their party. Shettar’s son is married to Shivashankarappa’s grand-daughter. On Sunday, AICC general secretary Randeep Singh Surjewala and M.B. Patil met Shettar at the residence of Shivashankarappa’s son S.S. Ganesh in Bengaluru to discuss his switch. In fact, as a result, Patil did not attend the rally addressed by Congress leader Rahul Gandhi in Kolar. Hate speeches: SC issues notice to Delhi Police on Brinda Karat’s plea seeking FIR against Anurag Thakur, Pravesh Verma The Supreme Court on Monday issued notice to the Delhi Police on a plea by CPI(M) leaders Brinda Karat and K.M. Tiwari against the trial court’s refusal to lodge FIRs against Union Minister Anurag Thakur and BJP leader Pravesh Verma for their alleged hate speeches on anti-Citizenship Amendment Act protests at Shaheen Bagh in 2020. A Bench of Justices K.M. Joseph and B.V. Nagarathna listed the case for hearing after three weeks. The court prima facie remarked orally in the hearing that the lower courts’ conclusion that sanction under Section 196 of the Criminal Procedure Code (CrPC) was required before taking cognisance may be wrong. Referring to a snippet ‘desh ke gaddaro ko goli maaro...’ [shoot the traitors] from one of the alleged speeches, the Bench said the remark “goli maaro” was “certainly not said in terms of a medical prescription”. The Delhi High Court had in June last year refused to set aside the trial court’s refusal to direct the registration of an FIR against Thakur and Verma for their alleged hate speeches. The High Court had refused to interfere with the trial court’s order and said under the law, the requisite sanction is required to be obtained from the competent authority for the registration of FIR in the present facts. It had noted that the Delhi Police had conducted a preliminary inquiry in the matter and informed the trial court that prima facie no cognisable offence was made out and that for ordering any investigation, the trial court was required to take cognisance of the facts and evidence before it, which was not permissible without a valid sanction. It was the petitioners’ grievance that Thakur, at a rally on January 27, 2020, allegedly egged on the crowd to raise an incendiary slogan after lashing out at anti-CAA protesters. The Delhi Police had defended the trial court order, In the complaint, Karat and Tiwari had sought lodging of FIRs under various sections, including 153-A (promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc.), 153-B (imputations, assertions prejudicial to national integration) and 295-A (deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs) of the Indian Penal Code. Mamata Banerjee demands Amit Shah’s resignation over ‘TMC govt. will collapse in 2025’ remark Accusing Union Home Minister Amit Shah of “conspiring” to bring down her government, West Bengal Chief Minister Mamata Banerjee on April 17 demanded resignation of the Home Minister. Banerjee raised the statement made by Shah during a public meeting on April 14, where he had urged people to give “35 seats to her party in 2024” Lok Sabha polls and added that “Mamata ji’s government will come down in 2025”. “The Home Minister is saying that he will bring down an elected government. After making such a statement, he (Shah) cannot remain the Home Minister. He should resign as the Home Minister,” the Chief Minister said. Banerjee also ridiculed the claims of the Home Minister and said that BJP will not win five seats in West Bengal in 2024. She also called for the unity of Opposition and expressed hope that BJP will not form government in 2024. “If we unite, BJP will lose the 2024 elections,” Banerjee said. On the questioning of Delhi Chief Minister Arvind Kejriwal by the Central Bureau of Investigation (CBI) in the Delhi excise policy case, she said that Centre is trying to make an example that it will not spare the Chief Minister. Banerjee also raised the recent interviews of former Governor of Jammu and Kashmir Satya Pal Malik and sought an inquiry into the Pulwama incident. The Chief Minister sought a judicial probe. “Only the judiciary can save the country. If sitting Judges investigate the incident then truth will come out,” she said. She also raised the killing of Atiq Ahmed and his brother in Uttar Pradesh and asked how many Central teams have visited Uttar Pradesh after the incident. Banerjee said that so far 151 Central teams have visited West Bengal, including in the post poll violence. “Whatever I saw in Uttar Pradesh I did not like it,” she said, adding that “double-engine BJP has a double standard”. Responding to questions by journalists on the arrest of her MLAs, the Trinamool Congress chairperson said there is a “game plan” by the BJP to arrest a maximum number of MLAs so that the strength of the Trinamool comes down in the Assembly. “Since we have a huge number of MLAs and few MLAs from the BJP have also joined us that is why they are unable to do anything,” she said. Hours ago on April 17, Trinamool Congress MLA Jiban Krishna Saha was arrested by the CBI in a recruitment scam. He is the third MLA of Trinamool to be arrested in the recruitment scam. The Chief Minister also referred to a recent letter by Government of India which relates to updating and removing illegal Aadhar cards in certain areas of the State. Banerjee said the letter refers to areas in North and South 24 Parganas where the exercise will be carried out. “We all know who resides in these areas,” the Chief Minister said, giving hints that these areas are inhabited by ‘minorities’. Banerjee said that under the garb of updating and removing Aadhar cards the Centre is trying to implement The Citizenship (Amendment) Act, 2019. “We will not allow NRC or CAA to be implemented in Bengal,” she said. In Brief: Amidst severe criticism from civil rights activists and some allies of the ruling DMK, the Tamil Nadu police on Monday shed several weeks of reluctance and registered a case against suspended Assistant Superintendent of Police Balveer Singh on charges of torturing suspects in custody in the Ambasamudram Sub Division last month. Singh has been accused of damaging and uprooting the teeth of some suspects during interrogation in a few police stations and also squeezing the testicles of a couple of men. Evening Wrap will return tomorrow. [logo] The Evening Wrap 17 April 2023 [The Hindu logo] Welcome to the Evening Wrap newsletter, your guide to the day’s biggest stories with concise analysis from The Hindu. [[Arrow]Open in browser]( [[Mail icon]More newsletters]( Same-sex marriage is a ‘mere urban elitist view’: Government to SC [The Centre on April 17, 2023, told the Supreme Court that the demand for legal recognition of same-sex marriage]( is merely a voicing of “urban elitist views” for the purpose of social acceptance. The court should not try to judicially create a “new social institution” by endorsing same-sex marriages. The judges should leave the task to the Parliament, the people would decide whether such a “marriage of a different kind” is socially and religiously acceptable or not, the Centre said. The government has filed this affidavit on the eve of the hearing of the same-sex marriage case before a Constitution Bench led by Chief Justice of India D.Y. Chandrachud. “Creation or recognition of a new social institution cannot be claimed as a matter of right/choice, much less a fundamental right,” the Centre said. The right to personal autonomy does not include a right for the recognition of same-sex marriage. The court would adjudicate solely on the basis of petitions containing “elitist views”, while the legislature, on the other hand, would take into broader views and voices of the rural, semi-rural and urban population, the religious denominations, personal laws and customs and effect of same-sex unions on other laws governing marriage. The existing concept of marriage as a heterogenous institution has the sanctity of law and religion. The legal recognition of same-sex marriage would “seriously affect the interests of every citizen”. In an interesting argument, the Centre said fundamental rights like the right to choose one’s sexual orientation as well as the right to privacy have already been protected under the Transgender Persons (Protection of Rights) Act, 2019. “Any further creation of rights, recognition of relationship and giving legal sanctity to such relationships can be done only by the competent legislature and not by judicial adjudication,” the affidavit reasoned. “Marriage is considered to be an aspect of social policy of the nation across the world. It is within the remit of the appropriate legislature, as the elected representatives of the people, to define it, recognise it and regulate it and the choice not to recognise same-sex marriage is simply a facet of the legislative policy,” the affidavit said. In an earlier affidavit, the Centre had found the idea of same sex marriage a threat to the “holy union” of marriage between a biological man and a woman in India where the union is a “sacrament and a sanskar”. Former CM Jagadish Shettar joins Congress, says BJP in Karnataka is controlled by a few leaders for serving self-interest [Senior BJP leader and former Karnataka Chief Minister Jagadish Shettar]( joined the Congress ahead of the May 10 Assembly elections in the State. A few minutes after he joined the Congress on April 17, KPCC president D.K. Shivakumar handed over to Shettar the ‘B’ form to contest elections from Hubballi-Dharwad Central constituency. Shettar has won from this constituency six times since 1994. He had won all elections on the BJP ticket. He was denied a ticket by the ruling BJP to contest the Karnataka Legislative Assembly elections on May 10. For the first time, he would be contesting elections on the Congress ticket. [Former Karnataka Chief Minister Jagadish Shettar joins Congress in presence of party president Mallikarjun Kharge, General Secretary in-charge (Organisation) KC Venugopal and others, in Bengaluru on April 17, 2023] The 67-year-old Lingayat leader joined the Congress at the party office in Bengaluru in the presence of AICC president Mallikarjun Kharge, Karnataka Pradesh Congress Committee president D.K. Shivakumar and former Chief Minister Siddaramaiah, KPCC campaign Committee chairman M.B. Patil, and AICC general secretary K.C. Venugopal. Kharge offered the Congress party’s flag and a bouquet to Shettar. Soon after joining the Congress, Shettar said, “I quit the BJP and joined the Congress. Many in Karnataka are surprised that I have joined the Congress. There are discussions about me quitting the BJP. For the last several months, no one understood my pain. I built the party along with former Union Minister Ananth Kumar and former CM B.S. Yediyurappa. I built the party in north Karnataka. The BJP had given me several positions. I discharged my responsibilities sincerely. I have taken this decision after seeking the views of well-wishers. Believing in the Congress party’s principles, I joined the Congress now. A new chapter in my political life begins,” he said. Shettar lashed out at BJP leaders in Karnataka. “A few leaders are controlling the BJP in Karnataka for serving their self-interest. I am not criticising Prime Minister Narendra Modi, Home Minister Amit Shah, BJP president J.P. Nadda. They are unaware of the developments in the BJP in Karnataka. Some party leaders are above the party (BJP) in Karnataka,” he said. “I was in the BJP not for power. I am from the Sangh Parivar and an ABVP leader. But the BJP humiliated me by denying the ticket at the last minute. The BJP leaders could have informed me about the ticket a few days ago,” Shettar said. Kharge said, “Mr Shettar is in the RSS, but is a non-controversial man. His joining the party would help the Congress win more seats in the coming elections.” Welcoming Shettar to the Congress, Siddaramaiah said they would look after him in the party in a very dignified manner. On April 16, Shettar, who is a six-time MLA, met Speaker Vishweshwara Hegde Kageri at his residence in Sirsi in Uttara Kannada district, and submitted his resignation as MLA. He holds a B.Com, LLB degree. He was a practicing lawyer for 20 years at the Hubballi bar. He married Shilpa. The couple have two sons. As a BJP member, Shettar served as president of the Karnataka unit, leader of opposition in the Legislative Assembly, Minister in BJP governments, Speaker of the Assembly, and Chief Minister. Shettar represented Hubballi-Dharwad Central constituency in the Legislative Assembly. He served as a Minister in the BJP government led by former Chief Minister B.S. Yediyurappa. When the Cabinet was dissolved after the resignation of Yediyurappa in July 2021, he announced that he would not be a part of the Basavaraj Bommai government. By inducting Shettar, the Congress is keen to send a message that the BJP has not shown due respect to leaders from the Lingayat community that has been its main support base. A few days ago, another Lingayat leader and former Deputy Chief Minister Laxman Savadi quit the BJP and joined the Congress after being denied a ticket from Athani. Senior Lingayat leaders in the Congress — former Ministers Shamanur Shivashankarappa and M.B. Patil — persuaded Shettar to join their party. Shettar’s son is married to Shivashankarappa’s grand-daughter. On Sunday, AICC general secretary Randeep Singh Surjewala and M.B. Patil met Shettar at the residence of Shivashankarappa’s son S.S. Ganesh in Bengaluru to discuss his switch. In fact, as a result, Patil did not attend the rally addressed by Congress leader Rahul Gandhi in Kolar. Hate speeches: SC issues notice to Delhi Police on Brinda Karat’s plea seeking FIR against Anurag Thakur, Pravesh Verma [The Supreme Court on Monday issued notice to the Delhi Police on a plea by CPI(M) leaders Brinda Karat]( and K.M. Tiwari against the trial court’s refusal to lodge FIRs against Union Minister Anurag Thakur and BJP leader Pravesh Verma for their alleged hate speeches on anti-Citizenship Amendment Act protests at Shaheen Bagh in 2020. A Bench of Justices K.M. Joseph and B.V. Nagarathna listed the case for hearing after three weeks. The court prima facie remarked orally in the hearing that the lower courts’ conclusion that sanction under Section 196 of the Criminal Procedure Code (CrPC) was required before taking cognisance may be wrong. Referring to a snippet ‘desh ke gaddaro ko goli maaro...’ [shoot the traitors] from one of the alleged speeches, the Bench said the remark “goli maaro” was “certainly not said in terms of a medical prescription”. The Delhi High Court had in June last year refused to set aside the trial court’s refusal to direct the registration of an FIR against Thakur and Verma for their alleged hate speeches. The High Court had refused to interfere with the trial court’s order and said under the law, the requisite sanction is required to be obtained from the competent authority for the registration of FIR in the present facts. It had noted that the Delhi Police had conducted a preliminary inquiry in the matter and informed the trial court that prima facie no cognisable offence was made out and that for ordering any investigation, the trial court was required to take cognisance of the facts and evidence before it, which was not permissible without a valid sanction. It was the petitioners’ grievance that Thakur, at a rally on January 27, 2020, allegedly egged on the crowd to raise an incendiary slogan after lashing out at anti-CAA protesters. The Delhi Police had defended the trial court order, In the complaint, Karat and Tiwari had sought lodging of FIRs under various sections, including 153-A (promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc.), 153-B (imputations, assertions prejudicial to national integration) and 295-A (deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs) of the Indian Penal Code. Mamata Banerjee demands Amit Shah’s resignation over ‘TMC govt. will collapse in 2025’ remark [Accusing Union Home Minister Amit Shah of “conspiring” to bring down her governmen]( West Bengal Chief Minister Mamata Banerjee on April 17 demanded resignation of the Home Minister. Banerjee raised the statement made by Shah during a public meeting on April 14, where he had urged people to give “35 seats to her party in 2024” Lok Sabha polls and added that “Mamata ji’s government will come down in 2025”. “The Home Minister is saying that he will bring down an elected government. After making such a statement, he (Shah) cannot remain the Home Minister. He should resign as the Home Minister,” the Chief Minister said. [West Bengal Chief Minister Mamata Banerjee addresses a press conference, at Nabanna, in Howrah on April 17, 2023.] Banerjee also ridiculed the claims of the Home Minister and said that BJP will not win five seats in West Bengal in 2024. She also called for the unity of Opposition and expressed hope that BJP will not form government in 2024. “If we unite, BJP will lose the 2024 elections,” Banerjee said. On the questioning of Delhi Chief Minister Arvind Kejriwal by the Central Bureau of Investigation (CBI) in the Delhi excise policy case, she said that Centre is trying to make an example that it will not spare the Chief Minister. Banerjee also raised the recent interviews of former Governor of Jammu and Kashmir Satya Pal Malik and sought an inquiry into the Pulwama incident. The Chief Minister sought a judicial probe. “Only the judiciary can save the country. If sitting Judges investigate the incident then truth will come out,” she said. She also raised the killing of Atiq Ahmed and his brother in Uttar Pradesh and asked how many Central teams have visited Uttar Pradesh after the incident. Banerjee said that so far 151 Central teams have visited West Bengal, including in the post poll violence. “Whatever I saw in Uttar Pradesh I did not like it,” she said, adding that “double-engine BJP has a double standard”. Responding to questions by journalists on the arrest of her MLAs, the Trinamool Congress chairperson said there is a “game plan” by the BJP to arrest a maximum number of MLAs so that the strength of the Trinamool comes down in the Assembly. “Since we have a huge number of MLAs and few MLAs from the BJP have also joined us that is why they are unable to do anything,” she said. Hours ago on April 17, Trinamool Congress MLA Jiban Krishna Saha was arrested by the CBI in a recruitment scam. He is the third MLA of Trinamool to be arrested in the recruitment scam. The Chief Minister also referred to a recent letter by Government of India which relates to updating and removing illegal Aadhar cards in certain areas of the State. Banerjee said the letter refers to areas in North and South 24 Parganas where the exercise will be carried out. “We all know who resides in these areas,” the Chief Minister said, giving hints that these areas are inhabited by ‘minorities’. Banerjee said that under the garb of updating and removing Aadhar cards the Centre is trying to implement The Citizenship (Amendment) Act, 2019. “We will not allow NRC or CAA to be implemented in Bengal,” she said. In Brief: Amidst severe criticism from civil rights activists and some allies of the ruling DMK, the Tamil Nadu police on Monday shed several weeks of reluctance and registered a case against suspended Assistant Superintendent of Police Balveer Singh on charges of torturing suspects in custody in the Ambasamudram Sub Division last month. Singh has been accused of damaging and uprooting the teeth of some suspects during interrogation in a few police stations and also squeezing the testicles of a couple of men. Evening Wrap will return tomorrow. 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