15 total views, 1 views today AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis About Howard Lake Howard Lake is a digital fundraising entrepreneur. Publisher of UK Fundraising, the world’s first web resource for professional fundraisers, since 1994. Trainer and consultant in digital fundraising. Founder of Fundraising Camp and co-founder of GoodJobs.org.uk. Researching massive growth in giving. Howard Lake | 9 February 2008 | News The Accidental Fundraiser: A StepbyStep Guide to Raising Money for Your Cause: A Step-by-Step Guide to Raising Money for Your
69 total views, 2 views today AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis The Field By The River: Uncovering the Nature of Country Life 68 total views, 1 views today AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis Howard Lake | 1 August 2008 | Books News About Howard Lake Howard Lake is a digital fundraising entrepreneur. Publisher of UK Fundraising, the world’s first web resource for professional fundraisers, since 1994. Trainer and consultant in digital fundraising. Founder of Fundraising Camp and co-founder of GoodJobs.org.uk. Researching massive growth in giving.
The gangsters in the White House and the Pentagon are responsible for the targeted assassination of a top representative of a sovereign government. The target, Qassem Soleimani of Iran, was on a peace mission that the U.S. president was aware of and had encouraged.Trump has now followed up this political murder with a tweeted threat to destroy Iran’s heritage by striking 52 sites in Iran, some of them cultural. Under international law, such destruction is a war crime. Most people would also see it as an act of terrorism.POTUS applied his usual way of operating, this time to actions that might lead to a world war. He once infamously said he could murder someone on New York’s Fifth Avenue in daylight and get away with it. Has he deceived himself about getting away with this murder?After the Iraqi Parliament voted on Jan. 5 to expel U.S. troops — about 6,000 are still there, plus some thousands of mercenaries — Trump threatened Iraq with sanctions harsher than those applied from 1990 to 2003, during the administrations of George H.W. Bush, Bill Clinton and George W. Bush. Since those sanctions killed more than a million Iraqis, including a half-million children under five, it means he is threatening Iraq with genocide.Take note that nearly the entire Republican Party has given thumbs up to this murder. Secretary of State Mike Pompeo, Vice President Mike Pence, Senator Lindsey Graham — those for whom the word “warmonger” would be a gentle term — praise Trump and tell outrageous lies to defend murdering the Iranian leader. All Republicans and nearly all Democrats supported both the hostility toward Iran and the wars and sanctions against Iraq. So did nearly all the corporate media. These crimes are the responsibility of the U.S. ruling class as a whole.Regarding the murder of Soleimani, the Democratic Party leadership – Rep. Nancy Pelosi, Sen. Chuck Schumer – has limited its criticism to Trump’s failure to notify and consult with Congress and his administration’s incoherent strategy. The two parties differed on one major issue: Democratic President Barack Obama promoted the 2015 treaty limiting Iran’s nuclear development in return for ending the punitive economic sanctions. On May 8, 2018, the Trump administration broke this treaty and reimposed economic sanctions. U.S. role as oppressorA quick look at the reality of the last 66 years of U.S.-Iran-Iraq relations shows which one is the oppressor state and the war criminal, contrary to U.S. imperialism’s version.A U.S.-coordinated coup in Iran in 1953, led by the CIA, deposed an Iranian elected government and replaced it with 26 years of dictatorial rule by Shah Reza Pahlevi. (See CNN documentary on the CIA’s role in the coup at tiny.cc/6x1diz/.)In 1979, a massive popular revolution expelled the shah and replaced him with what has become the current Iranian Islamic Republic. From 1980 to 1988, Washington encouraged the Iraqi regime under Saddam Hussein and Iran to fight each other, arming and killing millions of people on both sides. In 1990, the U.S. targeted Iraq, bombing its cities and its army. It followed that with 12 years of genocidal sanctions against Iraq. Then, on March 19, 2003, U.S. imperialism invaded Iraq under the pretext — later proven to be absolutely false — that it had “weapons of mass destruction.” To defeat Iraqi resistance to U.S. occupation, Washington then provoked and exacerbated sectarian and regional differences among the Iraqi population. The occupation and sectarian war killed and displaced millions, tearing apart Iraqi society. U.S. imperialism remains in Iraq only to plunder its resources. Washington threatens Iran in order to plunder the whole region.So far the Iranian government and its allies have said they will hit back on their own timing and will aim at U.S. military targets, not civilians. If Trump carries out another escalation, it would threaten a conflagration in Southwest Asia, raise the danger of a world war and put people in the United States at risk.From the people of the U.S. — especially from the working class and all oppressed sectors of U.S. society — there can be only one reaction: “Get the U.S. out of Iraq! No war against Iran!”FacebookTwitterWhatsAppEmailPrintMoreShare thisFacebookTwitterWhatsAppEmailPrintMoreShare this
Make a comment 12 recommended0 commentsShareShareTweetSharePin it Not the best idea at $4.37 per gallon of gas? No worries! Load the whole family in the car, put it in neutral and coast down to Lake Avenue Church on Wednesday evenings this summer, beginning June 27 (should one live downhill from Lake, oneâ€™ll coast home instead).Childrenâ€™s and Student Ministriesâ€™ summer Road Trip will lead one through the book of Exodus, following Godâ€™s people outbound from Egypt. The actual â€œtripâ€ will take place within the bounds of the Lake Avenue Church campus. Attendees will experience the story of His rescuing them from slavery and His compassion for them as He shapes His nation, during a very long trek to the Promised Land.A forty-year trip will make one hungry! With that in mind, attendees are eating a good meal before the journey. Hereâ€™s what one may anticipate each Road Trip on Wednesdays, from 6 to 8 pm, starting June 27 until August 15.â€¢ A tasty dinner together on the plaza until 6:45 pm for a nominal fee.â€¢ From 6:45 to 8 pm is Ministry for all ages through high school plus parents!â€¢ Childcare available for ages birth to 5 years.â€¢ Exodus-focused programs from early childhood through high school.â€¢ Seminars for parents on the â€œPositive Discipline for the Christian Home,â€ focusing on the elementary aged child, led by Arlene Wood.â€¢ A Financial Stewardship class for parents.If one is too tired to think, come to relax in the cool Prayer Garden or other quiet spots at Lake Avenue Church. The church will conclude the summer program on Wednesday, August 15 when it gathers together to share and to celebrate how God used these weeks in the community.For more information, contact Diana Herren at [email protected] or (626) 817-4871.Lake Avenue Church, 393 N. Lake Ave., Pasadena, (626) 844-4700 or visit www.lakeave.org. Herbeauty10 Questions To Start Conversation Way Better Than ‘How U Doing?’HerbeautyHerbeautyHerbeauty7 Reasons Why The Lost Kilos Are Regained AgainHerbeautyHerbeautyHerbeautyNerdy Movie Kids Who Look Unrecognizable TodayHerbeautyHerbeautyHerbeauty10 Of The Most Notorious Female Spies In HistoryHerbeautyHerbeautyHerbeauty10 Most Influential Women In HistoryHerbeautyHerbeautyHerbeautyWant To Seriously Cut On Sugar? You Need To Know A Few TricksHerbeautyHerbeauty Home of the Week: Unique Pasadena Home Located on Madeline Drive, Pasadena EVENTS & ENTERTAINMENT | FOOD & DRINK | THE ARTS | REAL ESTATE | HOME & GARDEN | WELLNESS | SOCIAL SCENE | GETAWAYS | PARENTS & KIDS faithfernandez More » ShareTweetShare on Google+Pin on PinterestSend with WhatsApp,Virtual Schools PasadenaHomes Solve Community/Gov/Pub SafetyPASADENA EVENTS & ACTIVITIES CALENDARClick here for Movie Showtimes Subscribe Name (required) Mail (required) (not be published) Website Your email address will not be published. Required fields are marked * Top of the News Faith & Religion Events Lake Avenue Church: Wednesday Night Road Trip – for the Entire Family! By Carol Kenyon, Pastor of Preteen Ministries, Lake Avenue Church Published on Monday, June 11, 2012 | 1:30 pm Business News Community News Community News First Heatwave Expected Next Week Get our daily Pasadena newspaper in your email box. Free.Get all the latest Pasadena news, more than 10 fresh stories daily, 7 days a week at 7 a.m. More Cool Stuff Pasadena Will Allow Vaccinated People to Go Without Masks in Most Settings Starting on Tuesday Pasadena’s ‘626 Day’ Aims to Celebrate City, Boost Local Economy
Previous articleRival Foods and LIVEKINDLY Collective Enter Partnership to Develop Plant-Based Whole-Cut ProductsNext articleGlobal Rich Communications Services Market Outlook and Forecasts, 2021-2026: Applications, User Types, and Deployment Models – ResearchAndMarkets.com Digital AIM Web Support WhatsApp Twitter Outlook on the 3D Cell Culture Global Market to 2027 – Opportunity Analysis and Industry Forecast – ResearchAndMarkets.com Local NewsBusiness Pinterest By Digital AIM Web Support – February 8, 2021 DUBLIN–(BUSINESS WIRE)–Feb 8, 2021– The “3D Cell Culture Market by Product, Application, and End User: Global Opportunity Analysis and Industry Forecast, 2020-2027” report has been added to ResearchAndMarkets.com’s offering. The global 3D cell culture market was evaluated at $1,234. 86 million in 2019, and is estimated to garner $3,721. 68 million by 2027, registering a CAGR of 16. 3% during the forecast period. Cell culture is a significant tool in biological research. These cultures are mainly of two types, namely two-dimensional (2D) and three-dimensional (3D). Since the advent of cell culture techniques, 2D cell cultures are mostly preferred due to their availability, ease of environmental control, cell observation and measurement. However, growing cells in flat layers on surfaces do not precisely model the in-vivo state. As compared to 2D, 3D cell culture permits the biological cells to grow and interact with their surroundings in all three dimensions. Cells grown in a 3D cell culture models have proven to be physiologically relevant. They have shown improvements in numerous studies of biological mechanisms including cell morphology, proliferation, differentiation, cell number monitoring, viability, migration & invasion of tumor cells into surrounding tissues, response to stimuli, angiogenesis stimulation, drug metabolism, gene expression & protein synthesis, immune system evasion, and in-vivo relevance. Thus, 3D cell cultures are beneficial in studying and analyzing the etiology of diseases; thereby, facilitating their adoption in the field of research. This growth rate is majorly attributed to the advantages offered by 3D cell cultures over conventional 2D cell cultures in cell-to-cell and cell-to-matrix interactions. In addition, continuous effort in R&D activities for drug discovery, development & screening and inclination toward the use of 3D cell cultures in cancer research are some other factors anticipated to propel the growth of the market over the analysis period. Likewise, surge in demand for organ transplantation is predicted to have a positive impact on the growth of 3D cell culture market. Conversely, higher costs associated with implementation of 3D cell cultures and inconsistent results are obstructing the market growth. On the other hand, upcoming technologies leading to product advancements in the field of 3D cell culture is estimated to provide profitable growth opportunities for the key market players in the market. Furthermore, the 3D cell culture industry is currently facing newer challenges to cope up with the demand and supply of 3D cell culture components owing to the COVID-19 pandemic. In addition, inconsistent and interrupted supply chain activities and availability of human resources are expected to impact the market growth. On the contrary, surge in research practices for developing novel therapies against COVID-19 is serving as a huge opportunity for the key market players. Research associated with stem cell therapies and regenerative medicine has shown promising results for treating the COVID-19 disease; thus, this is expected to compensate the deleterious impact caused by lockdowns globally. Thus, the overall COVID-19 impact is anticipated to remain moderate for the prominent players in the 3D cell culture market. The research report categorizes the 3D cell culture market based on product, application, end user, and region. Based on product, the market is segmented into scaffold-based platforms, scaffold-free platforms, gels, bioreactors, microchips and services. Based on application, the 3D cell culture market is divided into cancer research, stem cell research, drug discovery, and regenerative medicine. The end user segment of the market comprises biotechnology & pharmaceutical companies, contract research laboratories, and academic institutes. Region wise, the market has been analyzed across four regions namely, North America, Europe, Asia-Pacific, and LAMEA. Key Benefits This report provides a detailed quantitative analysis of the current market trends and future estimations from 2019 to 2027, which assists to identify the prevailing market opportunities.An in-depth analysis of various regions is anticipated to provide a detailed understanding of the current trends to enable stakeholders to formulate region-specific plans.A comprehensive analysis of the factors that drive and restrain the growth of the global 3D cell culture market is provided.An extensive analysis of various regions provides insights that allow companies to strategically plan their business moves. Market Dynamics Drivers Advantages of 3D Culture Techniques Over 2D TechniquesGrowth in Investments Toward R&D ActivitiesShift in Preference Toward 3D Cell Cultures for Cancer ResearchUpsurge in Demand for Organ Transplantation Restraints Higher Implementation CostsIrregularity in 3D Cell Culture Outcomes Opportunity Technological Advancements Key Market Players 3D Biotek, LLCAdvanced Biomatrix, Inc.Avantor, Inc.Becton, Dickinson, and CompanyCorning IncorporatedInSphero AGLonza Group Ltd.Merck & Co., Inc.Synthecon, IncorporatedThermo Fisher Scientific Inc. For more information about this report visit https://www.researchandmarkets.com/r/44qpch View source version on businesswire.com:https://www.businesswire.com/news/home/20210208005637/en/ CONTACT: ResearchAndMarkets.com Laura Wood, Senior Press Manager [email protected] For E.S.T Office Hours Call 1-917-300-0470 For U.S./CAN Toll Free Call 1-800-526-8630 For GMT Office Hours Call +353-1-416-8900 KEYWORD: INDUSTRY KEYWORD: TECHNOLOGY OTHER TECHNOLOGY SOURCE: Research and Markets Copyright Business Wire 2021. PUB: 02/08/2021 11:52 AM/DISC: 02/08/2021 11:52 AM http://www.businesswire.com/news/home/20210208005637/en Facebook Pinterest Twitter TAGS Facebook WhatsApp
ColumnsNo, Marriage Will Not Extinguish Rape Arya Suresh19 July 2020 12:11 AMShare This – xThe abhorrent approach of ‘marry your rapist’ stems from antiquated patriarchal ideas. An outrageous claim was made by a rape convict before the High Court of Kerala last week.Robin Vadakkumchery, a former priest of Catholic Church, convicted for rape of a minor, filed an application seeking suspension of sentence to “marry” the rape-survivor. The crime had resulted in the impregnation of the girl, who was aged 16 years then.In his plea, Vadakkumcherry said the…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?Login An outrageous claim was made by a rape convict before the High Court of Kerala last week.Robin Vadakkumchery, a former priest of Catholic Church, convicted for rape of a minor, filed an application seeking suspension of sentence to “marry” the rape-survivor. The crime had resulted in the impregnation of the girl, who was aged 16 years then.In his plea, Vadakkumcherry said the only impediment to the marriage was his priesthood and now he is eligible for entering wedlock as he had been dispensed with priestly duties and rights by the Pope and has been reduced to the state of a layman. When the matter came up for consideration, the special public prosecutor opposed his plea seeking stating that the court cannot be made a forum for marriage of a rape convict with the survivor as it would send the wrong message. The High Court has adjourned the matter till July 24.The circumstances which embolden the rapist to make such an appalling offer need critical examination. Marrying one’s rapist is a very common “law” practiced by Khap panchayats in India. In 2015, a woman from Orissa married her alleged rapist as the family said that she had “no other option”. The man was freed on bail for the ceremony, post which the family of the survivor withdrew their complaint. In the same year, the Madras High Court let a rapist out of prison on bail so he could ‘mediate’ with his victim. Disapproving such practices, the Supreme Court later said that any compromise between a rape victim and a perpetrator would be a ‘spectacular error’ to adopt a soft approach in rape cases and there cannot be any compromise in such matters, while weighing in on a different case (State of Madhya Pradesh VS Madanlal).Urging the Courts to “remain absolutely away” from such marriage offers made by rapists, the SC said :”We would like to clearly state that in a case of rape or attempt of rape, the conception of compromise under no circumstances can really be thought of.There cannot be a compromise or settlement as it would be against her honour which matters the most. It is sacrosanct. Sometimes solace is given that the perpetrator of the crime has acceded to enter into wedlock with her which is nothing but putting pressure in an adroit manner; and we say with emphasis that the Courts are to remain absolutely away from this subterfuge to adopt a soft approach to the case, for any kind of liberal approach has to be put in the compartment of spectacular error. Or to put it differently, it would be in the realm of a sanctuary of error. We are compelled to say so as such an attitude reflects lack of sensibility towards the dignity, the elan vital, of a woman. Any kind of liberal approach or thought of mediation in this regard is thoroughly and completely sans legal permissibility”.Recently in 2019, the Kerala High Court held that a rape case in which the allegation was that the accused had sexual intercourse with a woman by obtaining her consent on promise of marriage and when he subsequently marries her legally, such a case can be quashed. This decision was given after the rapist married the victim during the trial. Such judgments give a daunting message to the society as it send out a message that marriage extinguishes rape. The accused has already committed an act that lowers the integrity of the entire the social order- as a crime is an offence against the society as a whole. Marrying the victim at a subsequent stage cannot and should not be a defence to this atrocious crime. Many women’s rights activists strongly feel that such laws and judicial precedents come from the patriarchal system. Most of the misogynistic judgments are made by a male judge. The courts make such decisions mainly due to an ancient cultural stereotype – that a woman who is the “victim” of sexual assault should marry her assailant to protect her “honour”, especially if she is impregnated as a result of the rape. Such thinking stems from the patriarchal concepts which link a woman’s individual dignity to perceived notions of ‘chastity’ and ‘purity’. This patriarchal thought process is what causes honour killings in India. This reminds me of the very famous lines by Kamla Bhasin, an Indian feminist icon and an activist, “If I’m raped, people will say that she’s lost her honour. How did I lose my honour? Who put my honour in my vagina? I didn’t place my honour there. If anyone loses their honour when a woman is raped, it’s the rapist. Not the woman who is raped.” Rapists being acquitted from the crime, by subsequently marrying the rape survivor, are a common practice that is even legal in many parts of the world. In November 2016, in Turkey, the government proposal to reinstate the marry-your-rapist law and exonerate around 3,000 rapists by having them marry their victims was cancelled due to mass protests. The law was in practice till 2005, after which it was repealed. Now, there are proposals to reintroduce the law, amid outrage by women activists. In Algeria and Tunisia, rapists can avoid prosecution for raping minors if they marry their victims in accordance to Article 326 of the Algerian Penal Code and Article 227 of the Tunisian Penal Code. By the provisions of the penal code of Morocco, the severity of punishment for rape depends on whether the woman was a virgin or not. Most women are deprived of the basic human rights over their own bodies, including the basic right to be free from sexual assault, violence, and rape. These atrocities against women are an outcome of a global culture of discrimination. The rampant rape culture has been under scrutiny and for a while now. The #MeToo campaign led women to open up on the sexual crimes that they have endured. The recent boys’ locker room issue in India opened a dialogue on rape culture and how it is propagated. The practice of marry-your-rapist enables the propagation of this rape culture. The fact that it’s considered a ‘solution’ to sexual assault against a woman itself is discriminatory and trivializes rape to a large extent.The courts have a responsibility to combat social stigma for victims along the lines of the law, because only they can truly bring about a reformative change within the society; but if the court themselves act on societal biases, reformation and progress will remain stagnant.Before concluding, it will be apposite to refer to a film scene, which, as a woman, appeared liberating(Forced to make movie reference due to dearth of equally inspiring real life events). In a recent popular Malayalam movie – Uyare – that tells the tale of an acid attack survivor, the flaw in our patriarchal justice system is aptly depicted. During the trial, the attacker makes an ‘offer’ to marry the acid attack survivor; the male judge then looks at the survivor, suggesting that she should take up the offer. Shocked at the audacity of the accused and the insensitivity of the judge, the lead character Pallavi – played by Parvathy Thiruvothu, declines the offer and goes ahead to live her life on her own terms and to make a name and space for herself in the world, without any crutches of marriage. This celluloid story is an assertion that woman need not have a man beside her to reach the heights they aspire. Moreover, the best thing a survivor can do, is stay away from her assaulter as much as possible.(The author is a fourth year law student of Govt Law College, Ernakulam, and may be reached at [email protected] She tweets at @RantingDosa)(The opinions expressed in this article are the personal opinions of the author. The facts and opinions appearing in the article do not reflect the views of LiveLaw and LiveLaw does not assume any responsibility or liability for the same) Next Story
Top Stories[Breaking] Is Sub-Classification Permissible Within SC-ST Reservation? SC 5 Judge Bench Refers Matter To Larger Bench; Says ‘EV Chinnaiah’ Decision Needs Reconsideration LIVELAW NEWS NETWORK26 Aug 2020 10:27 PMShare This – xA five-judge bench of the Supreme Court on Thursday held that the decision of a coordinate bench in E V Chinnaiah vs State of Andhra Pradesh requires to be revisited and referred the matter to the Chief Justice for placing it before an appropriate larger bench.The bench expressed the view that once a State Government has the power to make reservation, it also has the power to…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginA five-judge bench of the Supreme Court on Thursday held that the decision of a coordinate bench in E V Chinnaiah vs State of Andhra Pradesh requires to be revisited and referred the matter to the Chief Justice for placing it before an appropriate larger bench.The bench expressed the view that once a State Government has the power to make reservation, it also has the power to make sub-classifications and that such sub-classification will not amount to tinkering with the reservation list.”In a federal structure, the State Government cannot be denied the power to make laws to give preferential treatment to sub-categories within the reservation list”, Justice Arun Mishra observed, while reading out the operative portion of the judgment.The bench opined that ‘EV Chinniah’ did not correctly apply the decision of ‘Indira Sawhney’ and did not take into account the amendment to Article 342A of the Constitution.However, in view of the contrary view expressed by a 5-judge bench in EV Chinniah, the bench said that the issue needs reconsideration.A bench comprising Justices Arun Mishra, Indira Banerjee, Vineet Saran, M R Shah and Aniruddha Bose delivered the verdict in the case State of Punjab vs Davinder Singh and others and connected cases.The batch of appeals arise from a Punjab and Haryana High Court judgment which struck down Section 4(5) of the Punjab Scheduled Castes and Backward Classes (Reservation in Services) Act, 2006 provides that fifty per cent of the vacancies of the quota reserved for Scheduled Castes in direct recruitment, shall be offered to Balmikis and Mazhbi Sikhs, if available, as a first preference from amongst the Scheduled Castes. While holding this provision as unconstitutional, the Punjab and Haryana High Court relied on E.V.Chinnaiah v. State of Andhra Pradesh, (2005) 1 SCC 394, wherein it was held that all the castes in the Presidential Order under Article 341(1) of the Constitution formed one class of homogeneous group and the same could not be further sub divided. It was further held therein that any such legislation with reference to Entry 41 of List II or Entry 25 of List III of the Seventh Schedule to the Constitution would be violative of Article 14 of the Constitution.A three judge bench of the Supreme Court, taking note of the submission of the E.V. Chinnaiah is not in accord with the 9-Judge Bench judgment in Indra Sawhney Vs. Union of India had referred the matter to the Constitution Bench.”We are of the view that E.V. Chinnaiah needs to be revisited in the light of Article 338 of the Constitution of India and and, inter alia, exposit of law in Indra Sawhney”, the bench comprising Justices RM Lodha, Kurian Joseph and RF Nariman had said in 2014.Earlier this year, the Constitution bench had heard the parties on the following issues:Whether the provisions contained under Section 4(5) of The Punjab Scheduled Castes and Backward Classes (Reservation in Services) Act, 2006 are constitutionally valid?Whether the State had the legislative competence to enact the provisions contained under Section 4(5) of the Act?Whether the decision in E.V. Chinnaiah Vs. State of A. P. & Ors. reported in (2005) 1 SCC 394 is required to be revisited?The cases were reserved for judgment on 17th August 2020.Does Preferential Treatment Include and Excludes Castes?One of the questions considered by the bench, also comprising Justices Indira Banerjee, MR Shah, Vineet Saran and Aniruddha Bose, was whether subclassification made or preferential treatment within the class of Scheduled Castes, Scheduled Tribes and socially and educationally backward classes can be said to be an exercise of inclusion or exclusion particularly when the other castes in the list of Scheduled Caste persons are not deprived of the benefit of reservation in totality? It observed:All the castes included in the list of Scheduled Caste are given the benefit of reservation as per representation in service, but only specific percentage fixed for preferential treatment to a caste/class which was not able to enjoy the benefit of reservation on account of their being more backward within the backward classes of Scheduled Castes. The preferential treatment would not tantamount to excluding other classes as total deprivation caused to any of the castes in the list of Scheduled Caste under Article 341(2). Caste is nothing but a class. It is the case of classification to provide benefit to all and to those deprived of the benefit of reservation, being the poorest of the poor. Whether the action based on intelligible differentia to trickle down the benefit can be said to be violative of Articles 14 and 16 of the Constitution and whether subclassification can be said to be an act of inclusion or exclusion particularly when various reports indicating that there is inequality inter se various castes included within the list of Scheduled Castes. They do not constitute homogenous class have been relied upon. Based on the report and to give adequate representation to those who continue to remain the most backward of the downtrodden class, the provisions containing a certain percentage of preferential treatment subject to availability without depriving others in the list were made.The bench noted that, in Indra Sawhney, it was held that it is permissible to make sub classification within socially and educationally backward classes. That discussion would be applicable for Scheduled Castes and Scheduled Tribes as they admittedly fall under Article 16, it added.How to trickle down the benefit to the bottom rung? Another question which was considered was whether subclassification for providing benefit to all castes can be said to be tinkering with the list under Articles 341, 342 and 342A, in view of the decisions in Indra Sawhney, permitting subclassifications of backward classes and in Jarnail Singh, in which, it was opined that ‘creamy layer concept’ for exclusion of benefit can be applied to the Scheduled Castes and Scheduled Tribes and it does not in any manner tinker with the Presidential list under Article 341 or 342 of the Constitution. The Court opined:”The caste or group or subgroup continued exactly as before in the list. It is only those persons within that group or subgroup, who have come out of untouchability or backwardness by virtue of belonging to the creamy layer, who are excluded from the benefit of reservation. The million dollar question is how to trickle down the benefit to the bottom rung; reports indicate that benefit is being usurped by those castes (class) who have come up and adequately represented. It is clear that caste, occupation, and poverty are interwoven. The State cannot be deprived of the power to take care of the qualitative and quantitative difference between different classes to take ameliorative measures.The entire basket of fruits cannot be given to mighty at the cost of others under the guise of forming a homogenous class.The court observed that subclassification was made under Section 4(5) of the Punjab Act to ensure that the benefit of the reservation percolate down to the deprived section and do not remain on paper and to provide benefit to all and give them equal treatment. On the question whether it is violative of Article 14, the bench observed:In our opinion, it would be permissible on rationale basis to make such subclassification to provide benefit to all to bring equality, and it would not amount to exclusion from the list as no class (caste) is deprived of reservation in totality. In case benefit which is meant for the emancipation of all the castes, included in the list of Scheduled Castes, is permitted to be usurped by few castes those who are adequately represented, have advanced and belonged to the creamy layer, then it would tantamount to creating inequality whereas in case of hunger every person is required to be fed and provided bread. The entire basket of fruits cannot be given to mighty at the cost of others under the guise of forming a homogenous class.Notably, the same bench had made similar observations in the case Chebrolu Leela Prasad Rao and others vs State of Andhra Pradesh and others also.Affluent & Advanced Within SC/ST Not Permitting Reservation Benefits Trickle Down To Needy : SC Calls For List Revision [Read Judgment]The question of immense public importance arises in view of the insertion of Article 342AThe Court also noted the impact of Article 342A inserted by the Constitution (One Hundred and Second Amendment) Act, 2018, w.e.f. 14.8.2018.The provisions of Articles 341, 342, and 342A are pari materia, and the reservation for socially and educationally backward classes was the subject matter under consideration in Indra Sawhney. Thus, the question arises how different opinions can be expressed with respect to Scheduled Castes, Scheduled Tribes, and socially and educationally backward classes for the purposes of the classification. The provisions of Article 16(4) and Article 342A indicate that it would not be permissible to adopt different criteria for Scheduled Castes, Scheduled Tribes, and socially and educationally backward classes. The authoritative pronouncement is required with respect to the effect of aforesaid provisions of the Constitution and whether subclassification is permissible only with respect to the socially and educationally backward classes covered under Article 342A read with Article 366(26C) and not with respect to Scheduled Castes and Scheduled Tribes covered under similar provisions, i.e., under Articles 341 and 342 read with Article 366(24) and 366(25) respectively. The question of immense public importance arises in view of the insertion of Article 342A. When we consider Indra Sawhney, permitting such classification of socially and educationally backward class, and provisions of Articles 341, 342, and 342A are pari materia, the Court is required to have a fresh look on the decision rendered in E.V. Chinnaiah. In the spirit of constitutional provisions, the question is required to be reexamined authoritatively by this Court being of immense public importance. Thus, the case is required to be heard by a larger Bench than the one which decided E.V. ChinnaiahFollowing are some other observations made by the bench:Disparity within Scheduled Caste is writ largeThere is cry, and caste struggle within the reserved class as benefit of reservation in services and education is being enjoyed, who are doing better hereditary occupation. The scavenger class given the name of Balmikis remains more or less where it was, and so on, disparity within Scheduled Caste is writ large from various reports.The aspiration of equal treatment of the lowest strata, to whom the fruits of the reservation have not effectively reached, remains a dreamThe Constitution is an effective tool of social transformation; removal of inequalities intends to wipe off tears from every eye. The social realities cannot be ignored and overlooked while the Constitution aims at the comprehensive removal of the disparities. The very purpose of providing reservation is to take care of disparities. The Constitution takes care of inequalities. There are unequals within the list of Scheduled Castes, Scheduled Tribes, and socially and educationally backward classes. Various reports indicate that Scheduled Castes and Scheduled Tribes do not constitute a homogenous group. The aspiration of equal treatment of the lowest strata, to whom the fruits of the reservation have not effectively reached, remains a dream. At the same time, various castes by and large remain where they were, and they remain unequals, are they destined to carry their backwardness till eternity? It is for the State Government to judge the equitable manner in which reservation has to be distributedThe State’s obligation is to undertake the emancipation of the deprived section of the community and eradicate inequalities. When the reservation creates inequalities within the reserved castes itself, it is required to be taken care of by the State making subclassification and adopting a distributive justice method so that State largesse does not concentrate in few hands and equal justice to all is provided. It involves redistribution and reallocation of resources and opportunities and equitable access to all public and social goods to fulfil the very purpose of the constitutional mandate of equal justice to allProviding a percentage of the reservation within permissible limit is within the powers of the State legislatures. It cannot be deprived of its concomitant power to make reasonable classification within the particular classes of Scheduled Castes, Scheduled Tribes, and socially and educationally backward classes without depriving others in the list. To achieve the real purpose of reservation, within constitutional dynamics, needy can always be given benefit; otherwise, it would mean that inequality being perpetuated within the class if preferential classification is not made ensuring benefit to all.The subclassification is to achieve the very purpose, as envisaged in the original classification itself and based thereupon evolved the very concept of reservation. Whether the subclassification would be a further extension of the principle of said dynamics is the question to be considered authoritatively by the Court.The State Government is conferred with the power to provide reservation and to distribute it equitably. The State Government is the best judge as to the disparities in different areas. In our opinion, it is for the State Government to judge the equitable manner in which reservation has to be distributed. It can work out its methodology and give the preferential treatment to a particular class more backward out of Scheduled Castes without depriving others of benefit. In the federal structure, the State, as well as the Parliament, have a constitutional directive for the upliftment of Scheduled Castes, Scheduled Tribes, and socially and backward classes. Only inclusion or exclusion in the Presidential notification is by the Parliament. The State Government has the right to provide reservation in the fields of employment and education. There is no constitutional bar to take further affirmative action as taken by the State Government in the cases to achieve the goal. By allotting a specific percentage out of reserved seats and to provide preferential treatment to a particular class, cannot be said to be violative of the list under Articles 341, 342, and 342A as no enlisted caste is denied the benefit of reservationCase Details :Title : The State of Punjab and others vs Davinder Singh and othersCoram : Justices Arun Mishra, Indira Banerjee, Vineet Saran, MR Shaha and Aniruddha Bose.Click here to Read/Download Judgment Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Story
Facebook Facebook By News Highland – June 5, 2020 Large scale illegal dumping continuing across Donegal FT Report: Derry City 2 St Pats 2 Twitter WhatsApp Important message for people attending LUH’s INR clinic AudioHomepage BannerNews DL Debate – 24/05/21 WhatsApp Google+ Google+ Derry draw with Pats: Higgins & Thomson Reaction Pinterest Twitter Pinterest Large scale illegal dumping is said to be continuing across Donegal.Donegal County Council has published evidence which shows significant instances of fly-tipping in the county with the likes of electrical equipment, furniture and bags of household rubbish discarded in rural areas.The Councils waste services are working hard to deal with the big increase in recent weeks.Cllr Paul Canning has hit out at those responsible:Audio Playerhttps://www.highlandradio.com/wp-content/uploads/2020/06/canningfdgdfgdfgddump1pm.mp300:0000:0000:00Use Up/Down Arrow keys to increase or decrease volume. Arranmore progress and potential flagged as population grows News, Sport and Obituaries on Monday May 24th Previous articleFurther talks held on reopening DerryNext articleFigures show no recent Covid-19 deaths or cases in Donegal News Highland RELATED ARTICLESMORE FROM AUTHOR
Court backs interpretation of working timeOn 1 Nov 2000 in Personnel Today UK employers can breathe a sigh of relief after the European Court ofJustice endorsed their approach to the working time directive. The SIMAP judgement concerned the interpretation of the directive’s keyconcept – what counts as working time. This is defined in the directive as when a worker is “working, at hisemployer’s disposal and carrying out his activities and duties”. The ECJsaid on-call hours spent away from the workplace did not count because althoughthe worker was at the employer’s disposal, he was not “working” or”carrying out activities or duties”. “This decision will come as an enormous relief to employers and theDTI,” said Christopher Mordue, an employment solicitor at Pinsent Curtis.If the decision had gone the other way, he said, “the UK’s approach toworking time would have been thrown entirely into disarray and working timecould have returned as a major issue for employers”. But Mordue said other aspects of the judgement were not so good foremployers. For instance, on-call workers may qualify as night workers and besubject to further limits on their hours, as well as being entitled to healthassessments and transfers to suitable day work in certain circumstances. Comments are closed. Previous Article Next Article Related posts:No related photos.