Honour killing: Casteism not annihilated even after 75 years of independence, says SC
New Delhi, Nov 28: Incidents of caste-motivated violence show that casteism has not been annihilated even after 75 years of independence and it is high time civil society reacts and responds with "strong disapproval" about the ghastly crimes committed in the name of caste, the Supreme Court has said.
The apex court, which delivered its verdict on a batch of pleas in a 1991 Uttar Pradesh honour killing case, in which three persons, including a woman were killed, said it had earlier issued several directions to authorities to take strong measures to prevent honour killings.
Those directives should be carried out without any further delay, it said.
A bench headed by Justice L Nageswara Rao also said that to avert trial getting tainted and "truth becoming a casualty", the State has a definite role to play in protecting witnesses, to start with, at least in sensitive cases involving those in power who have political patronage and could wield muscle and money power.
It said that "bigotry" perpetuated by caste-based practices, which are prevalent even today, impedes the Constitution's objective of equality for all citizens.
"Two young men and a woman were physically assaulted for nearly 12 hours and killed by the accused for violating caste-ridden societal norms. These episodes of caste-motivated violence in the country demonstrates the fact that casteism has not been annihilated even after 75 years of independence," the bench, also comprising justices Sanjiv Khanna and B R Gavai, said.
The top court, while upholding the Allahabad High Court verdict with regard to conviction of 23 accused in the case, acquitted three persons in view of ambiguity in their identity.
Referring to the aspect of witness protection, the bench noted that 12 prosecution witnesses in the case turned hostile.
"Even if the witnesses have turned hostile, their evidence can be accepted, if they are natural and independent witnesses and have no reason to falsely implicate the accused," it said.
The apex court said the right to testify in courts in a free and fair manner, without any pressure and threat whatsoever, is "under serious attack today", and if one is unable to testify in courts due to threats or other pressures, then it is a clear violation of the rights under articles 19 (1) (a) and 21 of the Constitution.
"Right to life guaranteed to the people of this country also includes in its fold the right to live in a society which is free from crime and fear, and the right of witnesses to testify in courts without fear or pressure," it said.
The bench said one of the main reasons why witnesses turn hostile is that they are not accorded appropriate protection by the State. It is a "harsh reality", particularly, in cases where the accused are influential people and are tried for heinous offences and they make attempts to terrorise or intimidate witnesses, the bench said.
"This unfortunate situation prevails because of the reason that the State has not undertaken any protective measures to ensure the safety of these witnesses, commonly known as 'witness protection'," it noted while referring to an earlier judgment of the Supreme Court.
The bench said that as a protector of its citizens, the State has to ensure that during a trial a witness can safely depose the truth, without any fear of being haunted by those against whom he or she has deposed.
It noted that according to Dr B R Ambedkar, inter-caste marriage is one remedy to get rid of casteism in order to achieve equality.
"His vision for ensuring justice and equality to all sections of society, especially to the repressed segments, is well enshrined in the preamble of the Constitution," the bench said.
"Though the number is a tad less, honour killings have not stopped in this country and it is high time that the civil society reacts and responds with strong disapproval about the ghastly crimes committed in the name of caste," it said.
Referring to an earlier verdict of the apex court, the bench said honour killings, pursuant to the decree of 'khap panchayats, have been strongly criticised by the top court in its earlier verdict.
It said harsh punishment was recommended to those "brutal and feudal minded persons" who commit atrocities in the name of castes.
"The Law Commission of India in its 242nd report suggested the legal framework on prevention of interference with the freedom of matrimonial alliances in the name of honour and tradition," the bench noted.
The 'panchayatdars' or caste elders have no right to interfere with the life and liberty of young couples whose marriages are permitted by law. They cannot create a situation whereby such couples are placed in a hostile environment in the village or locality concerned and exposed to the risk of safety, it said
The bench said in the interest of "liberty and dignity" of young men and women in choosing their life partners and in the interest of peace, tranquillity and equality in society, it is imminently necessary that directions issued by the apex court earlier should be carried out by states without any further delay.
It also referred to the Witness Protection Scheme, 2018, which was approved by the apex court earlier.
In the 1991 Uttar Pradesh honour killing case, a trial court in November 2011 had convicted 35 accused. The high court had acquitted two while conviction of remaining persons were upheld by the high court.
However, the high court had commuted the death sentence awarded to eight convicts to life term till the end of natural life.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
Real Madrid fines Valverde and Tchouaméni half a million euros each for altercation
Barcelona (AP): Real Madrid slapped players Federico Valverde and Aurélien Tchouaméni with half-a-million-euro ($588,000) fines on Friday for their altercation during practice.
The massive fines came a day after the midfielders tussled when the team trained. Valverde said in a post on social media on Thursday that no punches were thrown. But Valverde knocked his head on a table and he suffered a small cut that required a brief hospital visit.
On social media, Valverde initially called it a “meaningless fight” with a teammate and said “everything has been blown out of proportion."
His employers, however, considered it a significant enough breach of team discipline to nail both Valverde and Tchouaméni with fines that bite even the bank account of a top soccer player. The half-a-million euro penalties reflect the reputational damage the club was enduring in a chaotic end to a disappointing season.
In a statement, the 15-time European champion said its disciplinary action was concluded after both players expressed to the club “their complete remorse for what happened and apologized to one another.”
Madrid added they also apologized to their teammates, the coaching staff and club supporters, as well as showing their willingness to accept whatever disciplinary action the club deemed “opportune.”
Tchouaméni was back training with Madrid on Friday, two days before they play at Barcelona in a clasico. Madrid has to win otherwise Barcelona will be crowned La Liga champion.
After being notified of the fine, he posted a public apology to the club and its fans on social media.
“What happened this week in training is unacceptable,” Tchouaméni wrote. "I say this while thinking about the example we are expected to set for young people, whether in football or at school.
“Above all, I am sorry for the image we projected of the club.”
Valverde was not at practice due to the head knock.
Both players are set to play in the World Cup next month, with Tchouaméni playing for France and Valverde for Uruguay.
Chaotic end to a poor season
===================
The run-in between the players, who for seasons have played side by side in Madrid's midfield, came after they argued this week in previous training sessions. But tempers boiled over on Thursday. Spanish media was rife with reports that the players previously disagreed over the club's decision to let coach Xabi Alonso go after just months on the job.
It was not the only altercation involving Madrid players during training this week. Álvaro Carreras confirmed he was in a “minor” incident with a teammate. Spanish media said he and fellow defender Antonio Rüdiger got into a scuffle.
Álvaro Arbeloa, the coach who was promoted from Madrid's reserve team when Alonso was fired in January, will face tough questions on what went wrong inside the changing room when he gives a press conference on Saturday ahead of the clasico at Camp Nou.
Madrid is facing a second consecutive campaign without a major trophy amid rumors in the Spanish media that club president Florentino Pérez is considering bringing back Jose Mourinho to straighten out his underperforming team.
