Fadnavis wins trust vote; Shiv Sena, Cong cry foul

November 12, 2014

Mumbai, Nov 12: The 13-day-old BJP government in Maharashtra today won the trust vote in the Assembly but the passage of the confidence motion triggered a huge controversy with Shiv Sena and Congress contesting the procedure and claiming it had failed to prove majority.

Calling the development a "black day" in the history of the state, the two opposition parties announced that they would register their protest with Governor C Vidyasagar Rao.

Fadnavis
Earlier, BJP MLA Ashish Shelar moved a one-line motion seeking confidence of the House in the Devendra Fadnavis-led government, which was put to a voice vote by Speaker Haribhau Bagde.

As the legislators supporting the motion exclaimed "Aye", the Speaker declared it passed, triggering a storm of protest among Shiv Sena and Congress MLAs, who rushed to the Well of the House. Sena earlier in the day formally decided to occupy the main Opposition's space in the Assembly.

"The motion has been passed," Bagde was heard saying over the din. Agitated MLAs of Shiv Sena and Congress were seen arguing with the Speaker even as the decibel level rose steadily, forcing him to adjourn the proceedings.

During the proceedings, members of NCP, which had offered outside support to the BJP government, remained quietly seated.

Sena had earlier staked its claim to the Leader of Opposition's position and the Speaker had said he would take up its demand after the trust vote as Congress too had demanded the post on the grounds that Sena continues to be a constituent of the BJP-led NDA.

As proceedings resumed, the Speaker announced appointment of Sena Legislature Party leader Eknath Shinde as the Leader of the Opposition in the House.
Led by Shinde, Sena MLAs again took up their protest and called for the confidence motion to be determined by a division of votes.

BJP has 121 MLAs and, together with NCP's 41, has the support of 162 MLAs, 18 more than required for a majority in the House which has an effective strength of 287. The party has also claimed the support of seven Independents, three of Bahujan Vikas Aaghadi and some others from smaller parties.

Earlier in the day, BJP's Bagde was elected as the Speaker after Vijay Auti and Varsha Gaikwad, the Sena and Congress nominees, respectively, withdrew from the race, sending signals that the trust vote would go through unhindered with the government easily proving its majority with NCP's help.

Unhappy with the confidence motion passed through voice vote, the Sena MLAs said it amounted to "strangling democracy".

"The House should be run as per rules and the Constitution should not be trampled upon. The new government is strangulating democracy. We sought division but the trust motion was passed by voice vote," Shinde said.

Rejecting his contention, however, the Speaker said, "The issue is over. The trust vote has been passed."

Fadnavis, joining issue with Shinde, said, "Although there is the word opposition in your designation, the expectation is that you should not oppose each and every issue and support the government's pro-people decisions."

Meanwhile, strongly deprecating the passage of confidence motion by a voice vote, former Chief Minister Prithviraj Chavan said it was "unprecedented" in democratic history and demanded that the government seek a division of votes to prove its majority.

"It is a black day for democratic process in Maharashtra. Never has a confidence motion been passed by voice vote. Until the government proves its majority in the House by division, the government is illegitimate," he told reporters outside the Assembly.

State Congress president Manikrao Thakre held that the motion had "not been passed" as there was no division of votes.

"Being a minority government, it was the duty of the government to pass the motion through division. They are around 25 MLAs short (of majority). The Atal Bihari Vajpayee government fell by one vote in Parliament.

"We will frustrate all attempts to manipulate a majority and not allow the Assembly to conduct any business until the government obtains a fresh trust vote," Thakre said, adding that the party's MLAs will call on the Governor to lodge a formal protest over the issue.

Further, claiming that the Fadnavis government had manipulated the trust vote as it did not enjoy majority in the House, Shiv Sena leader Ramdas Kadam said, "Vidhan Sabha stands tarnished today.

"A division would have made it clear whether they have the support of the majority of MLAs. The confidence motion has not been passed."

Raising questions about the conduct of the Speaker, Kadam said he would speak to leaders of all non-BJP parties, including NCP, whether a no-confidence motion should be brought against him.

"People of Maharashtra will not forgive the BJP government for what they have done," he said, adding that the party would take legal recourse in the matter.

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September 17,2024

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As the Modi-led NDA government completes the first 100 days of its third term, the Congress party has launched a scathing attack, dubbing it as the "U-Turn Sarkar" for its failures and policy reversals.

At a press conference in Delhi, Congress spokesperson Supriya Shrinate highlighted what she called "100 days of instability, indecisiveness, and immaturity," accusing the Modi government of damaging critical sectors of the economy and public infrastructure.

Shrinate criticised the government's handling of the economy, which she described as being in "dire straits".

She argued that under Modi's leadership, sectors such as agriculture, youth employment, and infrastructure have been neglected. "These 100 days have been very heavy on the country's economy, farmers, youth, women, infrastructure, railways, and institutions," she said, adding "It has become clear that Narendra Modi has no vision to deal with the country's problems."

She went on to debunk the government's claims of progress in infrastructure development, citing multiple instances of structural failures in key projects.

“The airports inaugurated by Narendra Modi--from Jabalpur to Delhi and Rajkot--could not even withstand a single monsoon,” Shrinate pointed out. She also referenced failures such as:

•    Atal setu: Constructed at a cost of Rs18,000 crore, the bridge developed cracks soon after its inauguration.

•    Sudarshan setu in Gujarat: Opened in February 2024, it also developed cracks within months.

•    Shivaji statue collapse: The iconic statue of Chhatrapati Shivaji Maharaj was destroyed within eight months of being unveiled, an event Shrinate described as an "insult to Shivaji Maharaj."

•    Ram mandir water leakage: The sanctum sanctorum of the Ram Mandir, a symbol of faith for millions, was found to be leaking during the monsoon.

•    "Who will take accountability for these incidents?" Shrinate asked, questioning the government's competency in executing large-scale projects.

•    On railway safety, Shrinate accused the government of overseeing a period marked by frequent accidents and derailments.

•    "There have been 38 railway accidents in 100 days, resulting in 21 deaths," she stated. Despite the public outrage following the tragic Balasore accident, which killed nearly 300 people earlier this year, the Congress spokesperson said that the government has failed to take effective measures to improve rail safety.

•    She criticised the slow implementation of Kavach, an anti-collision device, stating, “The reality is that even after 21 deaths, Kavach is being installed at a pace of 2 km per year, while the Railway Minister shamelessly calls these 'minor' incidents.” Shrinate’s remarks come amidst mounting public concern over the Modi government’s inability to secure rail travel in one of the world’s largest railway networks.

In addition to infrastructure and safety concerns, Shrinate accused the Modi government of making hasty policy decisions, only to later backtrack under public pressure. "If any of your decisions affect the country negatively, it won’t become law because the government will take a U-turn on it," she said. Among the key policy reversals Shrinate cited were:

•    Lateral entry: A controversial policy of hiring private-sector professionals for bureaucratic roles, which was quietly shelved.

•    Broadcast Bill: Withdrawn after fierce opposition, highlighting the government's poor handling of policy legislation.

•    Waqf Board Bill: Another example of the government's failure to gauge the impact of its decisions.

•    NPS to UPS: Indexation policy changes that were hastily reversed after protests from key stakeholders.

"Narendra Modi's first 100 days symbolise not just U-turns, but a government that is fundamentally unsure of its direction," Shrinate remarked.

"In 100 days, 104 heinous crimes have been committed against women, in which there are 157 victims. Women are raped publicly in BJP ruled states but Narendra Modi doesn't say a word on this. But how will you speak, because you are the one who stood with those who sexually exploited the daughters of the country," she added.

The Congress's sharp critique of the Modi government's first 100 days has set the tone for the coming months, as the opposition gears up for a series of state elections and prepares for the 2024 general election.

"The country cannot afford this level of instability, immaturity, and incompetence," Shrinate concluded, calling on citizens to hold the Modi government accountable for what she described as its "endless U-turns and policy failures."

In these 100 days, Congress has made clear that it will focus on highlighting the government’s missteps in the economy, public safety, and governance, presenting itself as a viable alternative in the face of what it calls "a government in retreat."

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September 23,2024

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Nagpur: Union Minister Nitin Gadkari on Sunday teased his cabinet colleague Ramdas Athawale over his ability to hold onto his cabinet spot across multiple governments. "It may not be guaranteed that our government will return for a fourth term, but what is definitely guaranteed is that Ramdas Athawale will become a minister," he remarked at an event in Maharashtra's Nagpur.

The playful jibe, with Mr Athawale present on stage, was followed by Mr Gadkari clarifying that he was "just joking."

Mr Athawale, leader of the Republican Party of India (RPI), has served as a minister three times and expressed confidence in continuing his streak if the BJP returns to power.

Mr Athawale on Sunday said his party RPI (A), an ally in the ruling Mahayuti government in Maharashtra, should get to contest on at least 10 to 12 seats in the upcoming assembly elections. Addressing a press conference in Nagpur, Mr Athawale said the RPI-A will contest the election on its party symbol and ask for three to four seats in Vidarbha, including north Nagpur, Umred (Nagpur), Umarkhed in Yavatmal and Washim.

Mr Athawale's party is part of the Mahayuti alliance, comprising the BJP, Shiv Sena led by Chief Minister Eknath Shinde and Ajit Pawar's NCP.

The Union minister said, "The RPI-A has made a list of 18 probable seats, which it will be sharing with the Mahayuti partners in a few days and expects to get at least 10 to 12 seats in the seat-sharing pact." He said the BJP, Shiv Sena and NCP should give four seats each from their quota for his party.

In Palghar earlier this week, Mr Athawale claimed that due to the inclusion of the Ajit Pawar-led NCP in the Mahayuti government, the RPI (A) did not get any ministerial berth in the state despite a promise.

He claimed that the party was promised cabinet positions, chairmanship of two corporations, and roles in district-level committees, but all this could not happen because of Pawar's inclusion.

The elections to 288 assembly seats in Maharashtra are likely to be held in November.

In the current assembly, the BJP is the single largest party with 103 MLAs, followed by Shiv Sena 40, NCP 41, Congress 40, Shiv Sena (UBT) 15, NCP (SP) 13 and others 29. Some seats are vacant. 

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September 23,2024

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New Delhi: Downloading and watching child pornography is an offence under the Protection of Children from Sexual Offences (POCSO) Act, the Supreme Court ruled today in a landmark judgment on the stringent law to prevent child abuse.

The bench of Chief Justice of India DY Chandrachud and Justice JB Pardiwala set aside the Madras High Court order that had ruled that merely downloading and watching child pornography was not an offence under the POCSO Act. The Supreme Court noted that the high court had committed an "egregious error" in passing the judgment.

The Madras High Court's order had come in a case in which a 28-year-old man was charged with downloading child pornography on his phone. The court had quashed the criminal proceedings against the man and said children these days are grappling with the serious issue of watching pornography and society must be mature enough to educate them instead of punishing them.

The Supreme Court today restored the criminal proceedings against the man.

At the outset, Justice Pardiwala thanked the Chief Justice for the opportunity to pen this judgment. The order focused on Section 15 of the POCSO Act which lays down punishment for the storage of pornographic material involving children.

"Any person who stores any pornographic material involving a child and fails to report or destroy it is punishable with a fine of not less than five thousand rupees., and repeat offence will be punishable with fine of not less than ten thousand rupees. If the material is stored for further transmitting or propagating, then along with fine, it is punishable with upto three years of imprisonment. For storing child pornographic material for commercial purpose is punishable with three to five years of imprisonment, and in subsequent conviction, upto seven years of imprisonment," the Section says.

Justice Pardiwala said that in this case, mens rea is to be gathered from actus rea -- mens rea refers to the intent behind the crime and actus rea is the actual criminal act.

"We have said on the lingering impact of child pornography on the victimisation and abuse of children... We have suggested to the Parliament to bring an amendment to POCSO... so that child pornography can be referred to as child sexually abusive and exploitative material. We have suggested an ordinance can be brought in. We have asked all courts not to refer to child pornography in any order," the bench said.

The Chief Justice called it a "landmark judgment" and thanked Justice Pardiwala.

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