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Downloading, watching child pornography offence under POCSO, IT law: SC

In a landmark verdict, the Supreme Court on Monday held that watching and downloading child pornography are offences under the POCSO Act and the information technology law, reported news agency PTI. The apex court suggested Parliament consider amending the term 'child pornography' with "child sexually abusive and exploitative material" by bringing changes in law, and asked the courts not to use the term 'child pornography', reported PTI. A bench headed by Chief Justice D Y Chandrachud set aside the Madras High Court ruling that had said mere downloading and watching child pornography was not an offence under the Protection of Children from Sexual Offences (POCSO) Act and Information Technology (IT) Act, reported PTI. The bench, also comprising Justices J B Pardiwala and Manoj Misra, also laid down certain guidelines on child pornography and its legal consequences. "We have said about lingering impact of child pornography on victimisation and abuse of children and on role to report an offence, including role of society and stakeholders," the bench said, reported PTI. "We have suggested to Parliament to bring an amendment to POCSO... so that definition of child pornography can be referred to as 'child sexually abusive and exploitative material'. We have suggested an Ordinance can be brought in," it said, reported PTI. The top court delivered its verdict on a plea challenging the Madras High Court order. On January 11, the high court had quashed the criminal proceedings against a 28-year-old man charged with downloading pornographic content involving children on his mobile phone. While pronouncing the verdict, the apex court restored the criminal proceedings in the case saying the high court had erred in quashing it. The bench said the sessions court will now deal with the case afresh, reported PTI. Terming the high court ruling atrocious, the apex court had earlier agreed to hear the plea challenging the high court ruling that had said mere downloading and watching child pornography was not an offence under the Protection of Children from Sexual Offences (POCSO) Act and Information Technology (IT) Act, reported PTI. The high court had also said that children these days were grappling with the serious issue of watching pornography and instead of punishing them, the society must be "mature enough" to educate them, reported PTI. The Supreme Court had taken note of the submissions made in the matter by senior advocate H S Phoolka, who represented two petitioner organisations, that the high court verdict was contrary to the laws in this regard. The senior lawyer appeared in the court on behalf of NGOs Just Rights for Children Alliance, based in Faridabad, and the New Delhi-based Bachpan Bachao Andolan. The organisations work for the welfare of children, reported PTI. The high court had quashed the criminal case against S Harish under the POCSO Act, 2012 and IT Act, 2000. In order to constitute an offence under section 67B of the IT Act, an accused must have published, transmitted or created material depicting children in a sexually-explicit act or conduct, it had said, reported PTI. "A careful reading of this provision does not make watching child pornography, per se, an offence under section 67B of the Information Technology Act, 2000," the high court had added, reported PTI. Even though the said section of the IT Act has been widely worded, it does not cover a case where a person has merely downloaded child pornography in an electronic gadget and watched the same, without doing anything more, it had said, reported PTI. Admittedly, two videos involving boys were downloaded and were available on the petitioner's mobile phone, and those were neither published nor transmitted to others and were within the petitioner's private domain, it had said. The Madras High Court had, however, expressed concern over children watching pornography. Viewing pornography can have negative consequences on teenagers down the line, affecting both their psychological and physical well-being, it had said, reported PTI. The high court had advised the petitioner to attend counselling if he was still afflicted with the addiction of watching pornography. (With inputs from PTI)

23 September,2024 01:04 PM IST | New Delhi | mid-day online correspondent
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Mayawati urges Dalit leaders to cut ties with Congress, ahead of Haryana polls

Ahead of the Haryana Assembly Elections, Bahujan Samaj Party (BSP) leader Mayawati on Monday urged the Dalit leaders to follow the path laid forth by Dr BR Ambedkar and cut off ties with the Congress and other "casteist parties", PTI reported. According to PTI, the comments come amid attempts by the BSP and the Indian National Lok Dal (INLD) alliance to showcase itself as a pro-Dalit alternative in Haryana. The former Uttar Pradesh CM accused the Congress party and other "casteist parties" of using Dalit leaders only in times of trouble and later marginalising them, in a series of posts on the social media platform X. 1. देश में अभी तक के हुए राजनीतिक घटनाक्रमों से यह साबित होता है कि खासकर कांग्रेस व अन्य जातिवादी पार्टियों को अपने बुरे दिनों में तो कुछ समय के लिए इनको दलितों को मुख्यमंत्री व संगठन आदि के प्रमुख स्थानों पर रखने की जरूर याद आती है। 1/6 — Mayawati (@Mayawati) September 23, 2024 She said in Hindi, "The political developments in the country so far have proven that the Congress and other casteist parties only remember Dalits during their bad days and appoint them as chief ministers or to other key organisational positions temporarily." "But in their good days, these parties mostly sideline Dalits and replace them with casteist individuals, as is currently being witnessed in Haryana," she added. Mayawati also urged Dalit leaders to avoid associating with such parties and to draw inspiration from Ambedkar. "These humiliated Dalit leaders should be inspired by their messiah, Baba Saheb Dr Bhimrao Ambedkar, and detach themselves from these parties. They should also work to keep their communities away from these parties," she said on X. Similar to Ambedkar's resignation from the union government, Mayawati called on her own decision to resign from the Rajya Sabha in 2017 over the violence against Dalits in Saharanpur. "Baba Saheb Dr Bhimrao Ambedkar resigned from the post of Union law minister for the sake of self-respect and dignity of the weaker sections. Inspired by him, I also resigned from the Rajya Sabha when I wasn't allowed to speak on the atrocities against Dalits in Saharanpur. Hence, I advise Dalits to follow in his footsteps," she said. According to PTI, Mayawati also accused the Congress party of being "historically opposed" to Dalit reservation as well as other backward communities. Targeting Leader of Opposition, Rahul Gandhi in the Lok Sabha, she said, "The Congress and other casteist parties have always been against reservation. Rahul Gandhi even went abroad and announced the intention to abolish reservations. People should remain cautious of such anti-Constitution, anti-reservation, and anti-SC, ST, OBC parties." (With inputs from PTI)

23 September,2024 12:07 PM IST | Lucknow | mid-day online correspondent
Congress leader Ramesh Chennithala. Pic/X@chennithala

Discussion for CM post after polls, says Congress leader Ramesh Chennithala

Ahead of the upcoming Maharashtra assembly elections, Congress leader Ramesh Chennithala on Monday asserted that the discussion for the Chief Minister's post among the coalition partners in Maharashtra will held after the elections, and added that their only aim is to remove the 'corrupt' government from power, reported news agency ANI. Speaking to media persons, Chennithala said, "We will hold discussions on the Chief Minister's post after the Maharashtra assembly elections," reported ANI. "Our only target is to form the government now. We aim to remove the corrupt BJP government from power," Chennithala added, reported ANI. Hitting out at the ruling BJP government over simultaneous elections in Lok Sabha and state assemblies, he said that the government talks about one nation, one election but didn't announce elections in Maharashtra along with Haryana and Jammu and Kashmir, reported ANI. "People who talk about one nation, one election, why didn't they announce elections in Maharashtra along with Haryana and J&K? The elections should be announced as soon as possible as the public has made up their mind to remove the state government from power," the Congress leader said, reported ANI. This remark came in the backdrop of the Union Cabinet's nod to the 'One Nation, One Election' proposal. On being asked about Tirupati Laddu Prasadam row, he said that it is a very serious matter, reported ANI. "It is a very serious matter. People from across the country offer prayers at the Tirupati Temple. The news is sad. The government should tell the public about the truth," Chennithala said, reported ANI. Meanwhile, Andhra Pradesh Chief Minister N Chandrababu Naidu on Sunday announced the formation of a Special Investigation Team (SIT) to investigate the allegations about the adulteration of Tirupati Prasadam (laddus). Notably, On September 19, Naidu stirred a political controversy after he claimed that the ghee used in the preparation of Tirupati laddoo prasadam, offered at Sri Venkateswara Swami Temple in Tirupati, contained animal fat during the previous YSRCP government. Sri Venkateswara Swami Temple is a Hindu temple situated in the Tirumala hills of Andhra Pradesh's Tirupati district. (With inputs from ANI)

23 September,2024 12:07 PM IST | Nagpur | mid-day online correspondent
Shiv Sena (UBT) leader Uddhav Thackeray, during an MVA gathering on the birth anniversary of former prime minister Rajiv Gandhi on August 20, in Mumbai. File pic/Atul Kamble

Mid-Day Top News: Cong, Sena UBT in tussle over Versova, Byculla seats and more

Welcome to Mid-Day's Top News at this hour! We bring you a curated selection of the most significant and compelling news from around the globe. Stay informed with the latest developments in the nation, Mumbai, entertainment, sports, and more. Let's dive into the headlines shaping our world today. Sensex, Nifty hit fresh all-time high levels in early trade Domestic equity indices Sensex and Nifty scaled their new record high levels in early trade on Monday, helped by strong foreign fund inflows and rally in Asian markets. The 30-share BSE Sensex jumped 318.58 points to hit an all-time high of 84,862.89. The NSE Nifty surged 120.75 points to reach a new record high of 25,911.70. Maharashtra assembly elections: Congress and Sena UBT in tussle over Versova, Byculla seats The Shiv Sena (UBT) and Congress are both unwilling to concede the Versova and Byculla Assembly constituencies for the upcoming elections. Congress is eyeing Byculla to field candidates from minority communities, while the UBT faction claims Byculla as its own, with former mayor Kishori Pednekar being a potential candidate. Read more. Mumbai: 4 minors to be tried as adults in Govandi honour-killing case The Juvenile Justice Board has ordered the four teens arrested in the Govandi honour-killing case to be tried as adults and has handed over their custody to the sessions court (children’s court). The Board concluded that the suspects—in the age group 16 to 18—allegedly tried to destroy the evidence after committing the crime. Hence, they had full knowledge of their act while committing the crime. Read more. Say Chess! India galloped to a historic, first-ever gold medal by defeating Slovenia with a 3.5-0.5 score in the final 11th round of the 45th Chess Olympiad to tally 21 points out of a possible 22 — the most dominating performance by any team in the last two decades. The Indian women also rose magnificently to the occasion, making it a double delight for India by winning the team gold, also a historical first defeating Azerbaijan 3.5-0.5 to tally 19 points. Read more. 'When the time arrived, we were logged out': Fans share experience of trying to get Coldplay tickets How did a large section of India’s youth spend their Sunday noon? Glued to their phones, each hoping that they will be among the few lucky ones to grab a ticket to Coldplay’s upcoming India concerts slated for January 18 and 19. What followed in the next few minutes was such fan frenzy that the popular British band announced a third concert in Mumbai at the same venue—DY Patil Stadium in Navi Mumbai—on January 21. Read more.

23 September,2024 10:34 AM IST | Mumbai | mid-day online correspondent
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Assam: 15 held for planting IED-like objects on Independence Day

In a significant breakthrough in the ongoing probe of incidents of planting of suspected Improvised Explosive Devices (IED) like objects in various parts of Assam during this year’s Independence Day celebration, police arrested 15 people across the state, officials said on Sunday. A senior police official said that the raids were done after getting vital intelligence inputs from Assam Police in coordination with the National Investigation Agency (NIA). During the course of the investigation of the attempted sabotage activity, specific intelligence inputs were collected from different sources, he said. “After initial interrogations of the apprehended persons, vital facts have been collected and more crucial information about the conspiracy is expected to be known after prolonged interrogation of the detainees, in due course of time,” the official said. On Saturday one person each was apprehended in Tinsukia, Sadiya, Nagaon, Nalbari and Tamulpur, three each in Dibrugarh, Lakhimpur, and two each in Jorhat, Guwahati. Out of the 15 arrested persons three are women. The Police official said that interrogation of the arrested persons would continue to collect more clues to unearth the larger conspiracy. The anti-talk faction of the United Liberation Front of Asom (ULFA), which is also known as ULFA (Independent), has remained elusive to the peace process. On August 15 the ULFA-I militants led by Paresh Baruah planted several IED-like objects but these did not explode. The ULFA-I has earlier claimed to have planted bombs in 24 locations of Assam as a mark of protest against the Independence Day celebrations. A list of the targeted areas and pictures of certain bomb sites, including one close to the state secretariat in Dispur in Guwahati, was also published by ULFA-I. The places include Tinsukia, Dibrugarh, Sivasagar, Nagaon and a few places in Guwahati as well. It is learned that ULFA-I placed bombs in at least eight spots in Guwahati city. The outlawed group in a statement had said that due to some technical errors, the bombs did not explode. This story has been sourced from a third party syndicated feed, agencies. Mid-day accepts no responsibility or liability for its dependability, trustworthiness, reliability and data of the text. Mid-day management/mid-day.com reserves the sole right to alter, delete or remove (without notice) the content in its absolute discretion for any reason whatsoever

23 September,2024 10:06 AM IST | Guwahati | IANS
The controversial prasad

VHP meet set to discuss Tirupati laddu row

The ongoing row over the alleged presence of animal fat in Tirupati laddu and the demand to free Hindu temples from government control are among the key issues to be discussed at the meeting of Vishwa Hindu Parishad’s apex decision-making body in this temple town on Monday. The day-long meeting of Kendriya Margadarshak Mandal will also discuss the issue of religious conversions. The VHP is likely to demand the BJP-led government at the Centre to take measures to free Hindu temples from government control. VHP Secretary General Bajrang Bagra said the meeting will discuss the issue of alleged adulteration of ghee used for making laddu prasadam at Sri Balaji temple. He said the reports about the adulteration have caused concern to the entire Hindu society. “The issue will definitely be discussed. The meeting is likely to chalk out an action plan on the issue under the leadership of sants,” he said. Kendiriya Margadarshak Mandal meets twice a year. He said this year the VHP decided to hold regional meetings. The first such meetings for the states of Andhra Pradesh and Telangana are scheduled here on Monday. Religious leaders from the Telugu states who are members of Kendiriya Margadarshak Mandal will attend the meeting.  Bajrang Bagra said various challenges faced by Hindu society and solutions thereof would be discussed at the meeting. It is likely to take decisions on the role of sants in finding solutions to the challenges. Bajrang Bagra and some key functionaries of the VHP are also likely to attend the meeting along with members of Kendiriya Margadarshak Mandal from the region. VHP has long been demanding that Hindu temples should be freed from government control. The meeting will discuss the issue in detail. It is likely to pass a resolution to once again put forward its demand. It may urge the government to initiate steps in this direction. VHP leaders say more than four lakh temples are currently under government control across the country. This story has been sourced from a third party syndicated feed, agencies. Mid-day accepts no responsibility or liability for its dependability, trustworthiness, reliability and data of the text. Mid-day management/mid-day.com reserves the sole right to alter, delete or remove (without notice) the content in its absolute discretion for any reason whatsoever

23 September,2024 10:04 AM IST | Tirupati | IANS
Mohan Charan Majhi

Majhi orders judicial inquiry into army officer's torture, fiancee's assault

Odisha Chief Minister Mohan Charan Majhi has ordered a judicial inquiry into the alleged torture of an army officer and the “sexual assault” of his fiancee at a police station here. Majhi said the state government is committed to taking strict action against all persons or officials who are found guilty. According to a statement released by the Chief Minister's Office (CMO), the judicial inquiry will be presided over by Justice Chittaranjan Das, and the report will be filed within 60 days. The state government also requested the Orissa High Court to supervise the investigation being carried out by the Crime Branch of the Odisha Police. While emphasising the rule of the law, Majhi said his government respects the Indian Army. "The state government is fully concerned about the dignity, safety and rights of women," the CMO statement said on Sunday evening. Meanwhile, the Odisha government has suspended five personnel of the Bharatpur police station, and registered a case against them for “torturing the army officer and sexually harassing his fiancee”. The alleged incident took place on September 15 when the army officer posted in West Bengal and his fiancee approached Bharatpur police station to lodge a complaint of road rage in which they were allegedly harassed by some local youths. However, a verbal altercation took place between the duo and some policemen following which the officer and his fiancee were allegedly assaulted at the police station. BJD president and Leader of Opposition Naveen Patnaik had demanded a court-monitored SIT probe and a judicial inquiry into the incident. The opposition party has also called for a Bhubaneswar bandh on September 24. This story has been sourced from a third party syndicated feed, agencies. Mid-day accepts no responsibility or liability for its dependability, trustworthiness, reliability and data of the text. Mid-day management/mid-day.com reserves the sole right to alter, delete or remove (without notice) the content in its absolute discretion for any reason whatsoever

23 September,2024 10:03 AM IST | Bhubaneswar | PTI
Tirupati Venkateswara temple/ File Photo

Four-hour ritualistic sanitisation at Tirumala temple in Andhra Pradesh

A four-hour Shanti Homam Panchagavya Prokshana (ritualistic sanitisation) to undo the alleged desecrations that occurred during the YSRCP regime at Tirumala temple is underway now, temple sources said on Monday. A Tirumala Tirupati Devasthanams (TTD) source confirmed to PTI that the ritual began at 6 am and will last till 10 am, aimed at propitiating Lord Venkateswara Swamy from the alleged sacrilegious practices such as mixing animal fats in making Tirupati laddus (consecrated sweet) and others. TTD executive officer J Shyamala Rao on Sunday said these rituals will ward off the ill effects and restore the sanctity of laddu prasadams (consecrated food) along with the well-being of Srivari devotees. This story has been sourced from a third party syndicated feed, agencies. Mid-day accepts no responsibility or liability for its dependability, trustworthiness, reliability and data of the text. Mid-day management/mid-day.com reserves the sole right to alter, delete or remove (without notice) the content in its absolute discretion for any reason whatsoever

23 September,2024 09:37 AM IST | Tirupati | PTI
Waqf Amendment Bill

Waqf Bill panel flooded with 1.2 cr emails

A parliamentary panel examining the Waqf (Amendment) Bill has received a staggering 1.2 crore email responses amid campaigns launched by rival groups to ratchet up support for their respective viewpoints regarding the draft law. Parliamentary sources said the Joint Committee on the Waqf Amendment Bill, chaired by Bharatiya Janata Party (BJP) leader Jagadambika Pal, has also received 75,000 responses with documents to support the respective views, prompting the panel to seek additional staff from the Lok Sabha Secretariat. “We have deployed 15 additional pversonnel to go through the email responses and categorise and document those,” one of the sources said. Radical Islamic preacher Zakir Naik has appealed to his supporters to oppose the Waqf (Amendment) Bill by sending responses to the parliamentary panel examining the draft law. This story has been sourced from a third party syndicated feed, agencies. Mid-day accepts no responsibility or liability for its dependability, trustworthiness, reliability and data of the text. Mid-day management/mid-day.com reserves the sole right to alter, delete or remove (without notice) the content in its absolute discretion for any reason whatsoever

23 September,2024 07:23 AM IST | New Delhi | Agencies
UP accounted for 23.78 per cent of the total cases. Representation pic

UP, Rajasthan, MP top SC atrocity cases in 2022

About 97.7 per cent of all cases of atrocities against SCs in 2022 were reported from 13 states, with Uttar Pradesh, Rajasthan and Madhya Pradesh recording the highest number of such crimes, according to a new government report. According to the latest government report under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, the majority of atrocities against Scheduled Tribes (STs) were also concentrated in 13 states, which reported 98.91 per cent of all cases in 2022. Of 51,656 cases registered under the law for Scheduled Castes (SCs) in 2022, Uttar Pradesh accounted for 23.78 per cent of the total cases with 12,287, followed by Rajasthan at 8,651 (16.75 per cent) and Madhya Pradesh at 7,732 (14.97 per cent). Other states with a significant number of cases of atrocities against SCs were Bihar with 6,799 (13.16 per cent), Odisha with 3,576 (6.93 per cent), and Maharashtra with 2,706 (5.24 per cent). These six states accounted for nearly 81 per cent of the total cases. “Thirteen states, cumulatively accounting for 97.7 per cent (51,656) of the total cases (52,866) relating to offences of atrocities against members of SCs, registered under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, in conjunction with the Indian Penal Code, during the year 2022,” the report said. This story has been sourced from a third party syndicated feed, agencies. Mid-day accepts no responsibility or liability for its dependability, trustworthiness, reliability and data of the text. Mid-day management/mid-day.com reserves the sole right to alter, delete or remove (without notice) the content in its absolute discretion for any reason whatsoever

23 September,2024 07:15 AM IST | New Delhi | Agencies
Rahul Gandhi. Pic/File pic

Jammu and Kashmir assembly elections: Rahul Gandhi to address two poll rallies

Leader of the Opposition (LoP) in the Lok Sabha Rahul Gandhi will visit J&K on Monday and address two election rallies ahead of the second phase of the Assembly polls. Rahul Gandhi will address two campaign rallies, one in the Jammu division and the other in the Valley. Sources said the LoP will first arrive in Srinagar on Monday morning in a special chartered flight and then will take a helicopter to fly to Surankote from Srinagar. They added that he will address a Congress campaign rally in the Surankote constituency of Rajouri district at 12.30 pm on Monday. Then he will fly back in the helicopter to Srinagar. “He will address a party campaign rally in the central Shalteng constituency of Srinagar district in the afternoon. JKPCC chief, Tariq Hamid Karra is fighting the election from this Assembly constituency. He will then leave for New Delhi in the special chartered flight in the evening,” Congress sources told IANS. National Conference (NC) and Congress have entered into a pre-poll alliance in J&K. As per the terms of the agreement between the two parties, NC will contest 52 seats while Congress will contest 31 seats.  The two parties have left two seats uncontested, one in the Valley for CPI-M and the other in the Jammu division for the Panthers Party. The NC-Congress pre-poll alliance could not reach a consensus on five seats of Banihal, Nagrota, Kishtwar and Doda in Jammu division and Sopore in the Valley. The two parties have fielded candidates in these constituencies who will engage in a friendly contest at these five constituencies. Voting for the second phase of the J&K assembly election will take place on September 25 and for the third Ab’s last phase on October 1. Counting will take place on October 8. This story has been sourced from a third party syndicated feed, agencies. Mid-day accepts no responsibility or liability for its dependability, trustworthiness, reliability and data of the text. Mid-day management/mid-day.com reserves the sole right to alter, delete or remove (without notice) the content in its absolute discretion for any reason whatsoever

23 September,2024 05:33 AM IST | Srinagar | IANS
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