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Tuesday, March 12, 2019

Appeals court rules Ohio can defund Planned Parenthood



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Congress leaders rebel in Mandya, say they will not support Kumaraswamy's son

DK Shivakumar had organised a dinner party for the local leaders on Sunday to pacify them, but not many showed up.
Rebellion has struck the Congress party with party leaders and workers from Mandya openly criticising the party's leadership for aligning with the JD(S). Speaking to the media on Tuesday, former Congress representative in Mandya City Council, Anil Kumar warned Water Resources Minister DK Shivakumar of backlash if he tried to convince party workers to support the JD(S). DK Shivakumar- the Congress' troubleshooter- was sent to Mandya last week to pacify angry local leaders and party workers. DK Shivakumar had organised a dinner party for the local leaders on Sunday, but not many showed up. "If you (referring to DK Shivakumar) come to Mandya with the intent to address the issues of Congress party workers, we will welcome you with open arms. If you come here as an agent of JD(S), we will sit down and protest under the banner 'Go back DKS'. In 1994 you (DK Shivakumar) won the elections in Kanakpura as an independent. If the Congress had taken action to suppress you, you would not have become a Congress leader now," Anil Kumar said. Anil Kumar also said that Congress leaders in Mandya are suffering every day as they do not have adequate representation. He went on to say that the party needs a strong face who would address the issues of party workers and the people of Mandya. "If the seniors decide to support the JD(S) candidate, the Congress leaders from Mandya and party workers will support Sumalatha and we will ensure that she wins," Anil Kumar said. Sumalatha is an actor and wife of late Congress leader and MP Ambareesh. When Sumalatha had expressed her wish to contest election, both Congress and JD(S) did not support her. Anil Kumar also took a dig at Chief Minister Kumaraswamy and Nikjhil Gowda by saying that the local leaders in Mandya Congress would never allow Nikhil Gowda to win. "Father and mother both contested from Ramanagara (Bengaluru Rural parliamentary constituency). Let him (Nikhil Gowda) go there and leave Mandya alone. After so many years, Sumalatha has finally shown interest in our problems. We will support her," he added. Karnataka Chief Minister HD Kumaraswamy's son Nikhil Gowda had announced last week that he was the Congress-JD(S) coalition's pick to contest polls from Mandya. A week before he made this announcement, Nikhil Gowda rented a huge bungalow in Mandya.   Ever since the pre-poll alliance was announced, the JD(S) and Congress leaders in Mandya have been at loggerheads with the Congress party workers refusing to work with their JD(S) counterparts and vice versa. On Monday, Congress leader Cheluvarayaswamy, JD(S) incumbent MP LR Shivarame Gowda met with BJP leaders Raju Gowda and R Ashoka at a private hotel in Bengaluru. JD(S) insiders say that the leaders decided that they would support Sumalatha if the coalition decides to field Nikhil Gowda. "Congress party relies on the Dalit, Adivasi, OBC and minority votes in Mandya. These voters make 60% of the vote bank. Vokkaligas form 30% and Lingayats the remaining 10%. If we field Nikhil Gowda, then 60% of the votes will go to Sumalatha or it will be split between BJP and Sumalatha. We will lose the election and our fortress. Why is this not being considered as a threat?" a Congress leader questioned.  
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Voting in Karnataka? Here are last dates for voter registration

Lok Sabha 2019
The last date for voter registration is 10 days before the last date for filing nominations.
Representation Photo/PTI
Karnataka goes to polls in two phases on April 18 and April 23. As a resident of the state, if you have not registered to vote or if you have found that your name is not on the electoral rolls, then you have only a few days left to register and fill appropriate forms.  If you are registered to vote in Udupi-Chikkamagalur, Hassan, Dakshina Kannada, Chitradurga, Tumakuru, Mandya, Mysuru-Kodagu, Chamarajanagar, Bengaluru Rural, Bengaluru South, Bengaluru North, Chickkaballapur or Kolar, you need to register your vote before March 16. The last date for voter registration is 10 days before the last date for filing nominations. These regions go to polls on April 18 and the last date for filing nominations is March 26. Hence, it is important to finish filling the form within three days as the election commission takes 10 days to process one application.  Chikkodi, Belagavi, Bagalkot, Vijayapura, Gulbarga, Raichur, Bidar, Koppal, Ballari, Haveri, Dharwad, Uttara Kannada, Davangere and Shivamogga go to polls on April 23. The last date for filing nominations for the candidates contesting polls in on April 8. The last date for voter registration is March 29.  "People have to follow the deadlines. Last date for south Karnataka voters to register is March 16 and last date for north Karnataka voters is March 29. The electoral rolls are updated till the last date of nominations. Voters must adhere to the deadlines as the process takes 10 days to get the voter ID. Once you get the voter ID, voters must check electoral rolls and see if their names have appeared. If their names are not there, they will not be able to vote," Surya Sen, Joint ECO of the Karnataka Election Commission told TNM. How to register to vote? Those who want to register to vote, change their address or look if their names are on the electoral roll, you can visit the National Voter Service Portal   New voters must fill Form 6 in order to register themselves as voters. The form is available on the NVSP portal. You will need a passport sized photo and proof of age and residence. There may be cases, where people who are alive appear as deceased on the electoral roll. Age of person or spelling of name may be incorrect. To update or correct the details on the electoral roll, one must fill Form 8. If you have relocated to a different location within the constituency, use Form 8A. If you wish to delete your name from the voters’ list from any constituency and relocate to a new constituency, Form 6 must be filled along with Form 7. Form 6 is to register to vote in a new constituency and by filling Form 7, your name will be deleted from the voters’ list in the old constituency.   You can also collect two copies of the above mentioned forms from the Electoral Registration Office, Assistant Electoral Office and Booth Level Offices located in your constituency. You will have to fill the form and submit hard copies of age and address proof to the said office itself.  What is an electoral roll? An electoral roll is a list of names prepared by the Election Commission of India. This includes the names of all the people, aged 18 years and above, who have voter ID cards. Basically, all the people who will be able to vote for the upcoming elections. If your already have a voter ID card, then ideally, your name should appear on the electoral roll. However, sometimes this is not the case – many people have realised only when they reach the polling booth that their name is not on the electoral roll, despite the fact that they have a voter ID. Hence, it is crucial to check if your name appears on the voter list ahead of the polls. You can check whether your name is on the electoral role here.  
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K'taka officer credited for making BMTC buses better suspended hours before retirement

Controversy
This is not the first employee who has been suspended by the Bangalore Metropolitan Transport Corporation just hours before their retirement.
Known as a "prominent and honest" officer among employees of the Bangalore Metropolitan Transport Corporation (BMTC), Ganganna Gowda, who was the chief mechanical engineer, was suspended pending enquiry three hours before he retired. On February 28, 60-year-old Ganganna was suspended and now he is running from pillar to post to prove he is innocent and get his retirement benefits. Upon suspension, an employee’s benefits are withheld until an inquiry is conducted. The inquiry is to be completed in six months and if found guilty, the employee is asked to pay penalties. Gowda, who began his service in BMTC as an Assistant Manager in 1974, was promoted five times during his tenure with the transport body and had a clean record. Employees with the BMTC say that he is an honest and prominent officer. However, he is believed to have had disagreements with his superiors as he disagreed with the transport body authorities'decision to purchase the electric buses as opposed to leasing them out. "We had received an NGT order to reduce the purchase of diesel-run vehicles and hence the BMTC was looking at inducting electric buses in its fleet. I was in the tender committee and I had suggested that it would be cost-effective to lease the vehicles out instead of purchasing them," Ganganna told TNM. BMTC sources say that a previous MD V Ponnuraj was also transferred due to the same reason. Speaking to TNM, Nagaraj, a member of the All India Trade Union Congress and also a member of the BMTC Union, Ganganna Gowda had recorded the least number of bus breakdowns in the recent past. Ganganna took charge as chief mechanical engineer of BMTC in 2017. "The number of bus breakdowns in my tenure was 0.2% Before my time, 700 to 800 buses would be in the workshop at any given point of time. During my tenure, this was reduced to less than 350. Bus breakdowns were as high as 54,095 during the 2015-16 fiscal. It was to 52,750 in 2016-17 and 41,581 in 2017-18," Ganganna said. KSRTC Managing Director Shivayogi C Kalasad issued the suspension order at 2 pm on February 28, alleging that vehicles were held up at BMTC workshops, resulting in massive revenue loss to the corporation. The order also alleged that the vehicles that had been already repaired were found at the workshops once again. "In December last year, the number of vehicles in the workshop was 330. In November, it was 605. We were also operating on a very old fleet and to get them into working condition and grant a fitness certificate is a long and hard process. We were short on funds too. I am gathering all the documents to submit to the management and get my retirement benefits," Ganganna says. Nagaraj says that Ganganna was responsible for persuading reluctant BMTC higher-ups to open a new workshop at Dasanapura in Nelamangala, apart from the existing ones at Shantinagar and KR Puram. "He also ensured that workers were not overburdened and introduced the shift system to maintain buses. But one of the reasons why many workers are not supporting him is because they allege that Ganganna did the same to them. Since 1982 up to until five years ago, they allege Ganganna was responsible for suspending and even dismissing several employees on their last day before retirement. During his last year as the Regional Controller, Narashimhamurthy, an officer helper who was working under him, was similarly suspended just before his retirement period began. Narashimhamurthy had informed Ganaganna that there was no drinking water facility in the office and Ganganna had suspended him. “Even though he is an honest officer, many current and retired employees are not going to support him because of this. What he did to all of them is happening to him now," Nagaraj added.
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K’taka amends Land Acquisition Act to speed up projects, activists call it ‘dangerous’

Policy
Revenue Minister RV Deshpande defended the amendment stating that it did not dilute the central Act, and it was done to speed up projects.
On February 13, amidst the war of words between the ruling JD(S)-Congress combine and the BJP regarding the audiotapes that allegedly feature Leader of Opposition BS Yeddyurappa, a crucial legislation was passed, unnoticed.   Both houses of the Karnataka Assembly passed eight legislations in one day without any debate in the Assembly. This includes a dangerous move by the government to allocate itself more power - an amendment to the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. On February 13, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Karnataka Amendment) Bill 2019 was passed by both houses of the Assembly and is currently awaiting the President’s approval. Amendments to Chapter II and III of the existing ACT The 2013 Land Acquisition Act heralded a step in the right direction and made the process of land acquisition more inclusive, humane and transparent, say activists. It ensured “fair compensation” and also ensured that the draconian law (1894 land acquisition act) introduced by the British Raj, was removed, replacing it with a law that empowered the communities, which would be affected by the land acquisition. The biggest opposition to the Act came from industry that argued that it would slow down projects. The Amendment made by the state government, without any public consultation or debate in the Karnataka Assembly allegedly brings back the regressive clauses in the 1894 Act introduced by the British, which the 2013 Act did not have, activists say. According to the 2019 amendment, “certain provisions of Chapter II and Chapter III” of the 2013 Act will not apply for certain projects. “The state government may in the public interest, by notification in the official gazette, exempt any of the following projects from the application of the provision of Chapter II and Chapter III of this Act, namely: Such projects vital to the national security or defence of India and every part thereof, including preparation for defence or defence production. Infrastructure projects including educational institutions, hospitals, government or local self-government offices electrification, irrigation projects and drinking water projects and Affordable housing and housing for the poor people. Industrial corridors set up by the state government and its undertaking and Infrastructure projects including projects under public-private partnership, where the ownership of the land continues to vest with the state government: Provided that the state government shall, before the issue of notification, ensure the extent of land for the proposed acquisition keeping in view the minimum land required for such project. The government also states in the amendment that the changes are being introduced in order to “speed up the process of infrastructural development”. What this essentially means is that the state government is allocating itself the power to exempt big infrastructure, especially those with public-private partnership from the purview of the 2013 Act. This means the state government does not have to follow the provisions of transparency and the lengthy process of land acquisition as mentioned in the 2013 Act, says Bengaluru-based lawyer Clifton Rosario, who has worked on land acquisition issues.   Environmental activist Leo Saldanha says, "This amendment is so badly phrased that it offers no clarity as there are no specifications on what is public interest, what kind of infrastructure projects, nothing about heritage sites or forest land being acquired. The state is allocating itself a kind of power which the British Raj had and this is the very question, which we had questioned in the Bengaluru-Mysuru corridor project, in which we had said that the state does not have the power to notify a road and notify a land abetting a road as if it is the state's land.” He points out, “The amendment does not mention how many meters on either side of the road the government can acquire. It can be anything and it will be valid. Basically, the state decides all the specifications according to its wishes.” Furthermore, Leo adds that the amendment concentrates power in the hands of the deputy commissioner. “The power of appeal is lost. The deputy commissioner of the district becomes the king of the district. The deputy commissioner has been given the power to determine how much compensation can be given for acquiring the land. This is extremely dangerous,” he adds. Government disregards public opinion, becomes custodian of public interest Activists say one of the most problematic terms used in this amendment is the use of the phrase "the state government in public interest”. According to the 2013 Act, public interest in terms of land acquisition, is defined by certain laws. “For instance, in urban areas, it is the Town and Country Planning Act. It has to establish public interest, which the amendment does not. Once the state allocates itself the power to define what public interest is, then it can just issue a notification to acquire land,” Leo adds. When commons (common resources like lakes) need to be acquired, the project needs the permission of the local gram panchayat. By introducing the exemptions to Chapters II and III, the state government is overriding a constitutional right to safeguard commons. “The gram sabha has to be consulted before any diversion of commons. By this amendment, they are nullifying it,” says Leo. Activists allege the government has also given itself a free pass to acquire any type of land - be it irrigated agricultural land or forest land for infrastructure projects, educational institutions and hospitals. The Supreme Court had in 2011 held that the government cannot divert commons except for the purpose of rehabilitation of the poor, or if it is for the benefit of rehabilitating Dalits and Adivasis. By introducing the exemptions, the Karnataka government had overridden a Supreme Court ruling by giving itself the power to acquire forest land required for projects like Mekedatu and Linganamakki, where hundreds of acres of forest land need to be destroyed for the sake of the project. Voluntary acquisition of land and why it is problematic The amendment also introduces Chapter IVA termed “voluntary acquisition of land”. As per the amendment, “30-A Acquisition of land by the state government by entering into agreement voluntary acquisition of land: 1. Notwithstanding anything contained in this Act, or any other law, whenever it appears to the state government that the land is needed in any area for any public purpose, the state government or its authorized officer may enter into an agreement with the willing land owner to sell the land in favour of the state government for the matters specified therein in a prescribed form.” According to Leo, the amendment is a tedious attempt by the government to cheat the public and the communities, which would have an impact on land acquisition. “This is for the benefit of the government and the benefit of the builders. There are several problematic clauses. But the most dangerous one is the Voluntary acquisition of land, which is being introduced,” he says. Voluntary acquisition is derived from the principle of eminent domain, where the government acquires private property to convert it for public use. “Voluntary acquisition of land is a very old British-era law and was the basis of the Land Acquisition Act of 1894,” he adds. Leo says that there is no such thing as voluntary acquisition of land. Voluntary acquisition is a power, which the state bestows upon itself on the principle of eminent domain to take over private property for "public good". This is based on the hope that the due process is fair and trustworthy. “It is very clear that the language used is that of a non-obstante clause,” Leo says. A non-obstante clause is a clause that is usually used in a legislation to ensure that any other law, or government order, which contradicts the said provision cannot become applicable. For instance, in the Voluntary Acquisition clause, the phrase used is “Notwithstanding anything contained in this Act, or any other law”. This ensures that the provisions in the 2013 Act, which ensure transparency, is no longer applicable. This overwrites any other progressive law. Vague and lacks clarity The amendment also says land acquisition can happen in "any area". This means that the government is allocating itself the power to acquire land in all of the state as there are no specifications as to which parts or what type of land can be acquired. This means that even irrigated multi-crop growing lands, forest land and heritage sites can be acquired if the state deems fit to do so. “The law forces the property owners to accept the terms of the state as though it is a voluntary agreement and the language itself betrays the name of the clause because it is inadvertently involuntary acquisition of land. This is done by putting pressure on the property owners. For instance, the solar parks across the state, where the Rs 21,000 per acre lease is given to land owners. This is against the Land Acquisition Act. This is exactly what is happening in Amaravati where Chandrababu Naidu is forcing people to form an agreement with the state. If they don't they are threatened into signing the agreement. It defeats the purpose of the Land Acquisition Act,” Leo alleges. The projects where landowners will lose out For over two decades, the Bengaluru Development Authority has faced a major problem in acquiring land from farmers for the construction of the Peripheral Ring Road project in Bengaluru. One of the primary contentions of the farmers was that the BDA was refusing to grant fair compensation. In many cases, farmers had demanded that the government allocate agricultural land in other areas to compensate for the losses they would suffer. This had resulted in a stalemate between an unwilling government and farmers, who would lose their livelihood. With the amendment, the state government now has the power to set the compensation amount as the amendment states that the state government would decide what fair compensation is. Similarly, the government has also proposed several industrial corridors, where land acquisition has become the biggest challenge. According to a Revenue Department official, the state government has been facing problems due to multiple stay orders issued by courts. “The people have gone to court as the government was offering less money. The new amendment says that compensation can be withheld if the case is in court. This essentially means that people will be forced to give up land for lesser price or lose it completely. The MLAs know that the amendment will be opposed but they want to drag it until they can start work on certain crucial projects ahead of elections,” the official added. Speaking to TNM, Kurubara Shanthakumar, leader of the Farmers’ Association in Mandya, says that he has appealed to the state government to withdraw the amendment. “These will ensure that farmers’ lands are at risk. The government can step in at any time and take away our lands. If the government does not respond positively, we will ensure that massive protests are held across the state,” he added. Revenue Minister says law not draconian Speaking to TNM, Karnataka Revenue Minister RV Deshpande, one of the leaders who pushed for the legislation, says that the amendments do not water down the existing law. “Absolutely not. We are not going back on the law, which has already been enacted. It is not even diluted. What we have done is to speed up projects. For government of India projects like defence or any other projects and state government projects, where lands are owned by the government of India or the state government, we have said that social impact study could be dispensed. This is because we are finding projects getting delayed for two to three years and escalation of costs,” Minister Deshpande said. He also stated that the issue of compensation in the amendment does not aim to change any provision related to fair compensation. “The compensation according to the original Act has remained intact. We have only made provision for consent. We have said that if anyone is willing to sell the land, then they can do so voluntarily. The person will get fair compensation as per the Act so that the acquisition process is faster,” he added. Minister Deshpande went on to defend the amendment’s provisions related to the powers given to Deputy Commissioners by saying that Karnataka is not the only state to amend the original Act. “No, no, no. Karnataka is not the first state to enact this there are other states which have passed amendments before we did. It is in compliance with the Central Act and this the President of India is yet to give his assent. There is not tinkering with the compensation or any other provisions. It only has to do with government of India and state government projects,” he added. 
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Auto drivers allegedly assault Bengaluru cop after argument over high fare

Crime
According to reports, the auto driver demanded Rs 200 from assistant sub-inspector Kariyanna for a six-kilometre ride.
Image for representation.
An assistant sub-inspector (ASI) in Bengaluru was attacked by two autorickshaw drivers near the Cantonment Railway Station after he reportedly argued with them about the high fares being charged for his ride. The incident took place on Wednesday. As the argument turned physical, passers-by soon came to the rescue of 58-year-old Kariyanna, who is attached to the State Crime Record Bureau. He sustained injuries and was taken to a hospital nearby. Kariyanna later filed a complaint with the High Grounds police. Per his complaint to the police, Kariyanna was on his way home after attending a meeting near the railway station. He wanted to take an auto to Lingarajapura to take his daughter-in-law to hospital. According to reports, Kariyanna asked the driver to run the meter and that he would pay him Rs 10 extra. The auto driver, however, refused this and demanded Rs 200 for the six-kilometre ride. This resulted in a quarrel between the two, following which, the auto driver reportedly forced Kariyanna out of the auto. Kariyanna then proceeded to note the number of the autorickshaw, which supposedly irked the driver. The driver, along with another driver reportedly started attacking him. When people in the vicinity intervened, the autorickshaw drivers left the scene. Kariyanna had sustained multiple injuries and was bleeding. The High Grounds police, according to The Hindu, have taken up a case of assault, wrongful restraint and provoking breach of peace. The two drivers are absconding and the police are tracking them down. In another incident in January, an auto driver was beaten to death by other drivers at an auto stand in Yemalur, Bengaluru. The victim, YM Narayana, had started driving an auto rickshaw after retiring from his job as a driver for the tax department. He was known to offer rides for low fares, which irked Babu, another auto driver in the area. Babu assaulted Narayana, following which he collapsed and was taken to the hospital by other drivers who intervened. Doctors declared him dead upon arrival.
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600 all-women polling booths to be set up in Karnataka for Lok Sabha polls

Elections
These booths will have women as polling staff, police and security personnel.
Image for representation.
A total of 600 polling booths out of the 58,186 voting stations to be set up for the Lok Sabha elections in Karnataka on April 18 and 23 will be managed by women personnel, an election official said on Monday. "As part of ensuring gender equality and constructive participation of women in the electoral process, the Commission has directed to set up 'all-women managed polling stations'," said a statement from the state's Chief Electoral Officer (CEO) Sanjiv Kumar's office. These booths will have women as polling staff, police and security personnel. The state will have 58,186 voting stations for election to the 28 Lok Sabha seats in two phases -- on April 18 for 14 seats and on April 23 for another 14 seats. Vote count will be held on May 23. The southern state has a total of 5.03 crore registered voters. The number of voting stations to be set up has been increased by 7%, from 54,265 polling booths in 2014 general elections, the statement said. While this initiative has been taken to ensure participation of women in the electoral process, it should be noted that not many have been actively engaged in politics. Seeking reforms to the way political parties distribute seats, women from the state had taken to protests at Freedom Park on Friday demanding that political parties be mandated to reserve 50% of seats for women candidates. The protest was organised by ‘Shakti’ a non-partisan political collective, created to empower and enable more women to foray into politics. The women took to sitting on one knee during the protest to highlight the lack of female representation in parliament, with several noting that women do not have 50% representation.   
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