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Tuesday, February 4, 2020

Democratic candidates vow to cover islanders who lost Medicaid

Tens of thousands of victims of U.S. nuclear testing lost eligibility for health benefits in 1996 welfare reform.

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Monday, February 3, 2020

‘Can you identify Bangladeshi by looking at face’: Karnataka HC slams state

Court
The BBMP demolished many huts in a settlement in Bengaluru over suspicions that illegal Bangladeshi immigrants stayed there.
"By looking at the face of a person, can one be identified as being a Bangladeshi national?” questioned Karnataka High Court Chief Justice Abhay Shreeniwas Oka, slamming the state over the demolition of settlements in Bengaluru over suspicions that illegal Bangladeshi immigrants stayed there.  The High Court bench comprising Chief Justice Abhay Oka and Justice Hemant Chandangoudar told that state that it will have to rehabilitate those affected by the demolitions.  The court was hearing the plea filed by the People's Union for Civil Liberties which challenged the demolition of migrant settlements in Bellandur and Whitefield in the city on January 18 and 19.  In a previous hearing, the Bruhat Bengaluru Mahanagara Palike (BBMP) distanced itself from the demolitions. On Monday, the state, which was represented by Advocate-General Prabhuling K Navadgi also maintained that it did not have anything to do with the demolition. Further, he questioned the misuse of power at multiple levels during the process through which the demolition was carried out — the police officer who wrote to the landowners, as well as the BBMP carrying out the demolition. “On the suspicion that they are Bangladeshi, will the police take law into its own hands and write to the owner, and the BBMP act?” he asked.It had turned out that many residents in the migrant settlement were from states like Assam, West Bengal, Uttar Pradesh, Bihar, and even Karnataka. CJ Oka also questioned why the police officer is still in service. “The fact that the state has protected the officer shows that all is not well,” he quipped.  He stated that since the problem began with the state, it must take measures to rehabilitate them — either monetarily or otherwise.  He also tore into the authorities, questioning them as to on what basis the people were declared to be Bangladeshi. He stated that nothing seemed to indicate that the police officer visited the site to identify Bangladeshi immigrants. “Door-to-door survey by a competent authority must be done. Proper verification needs to be carried out,” he said. “No date was set by the BBMP for demolition. The stand of the state government is that they have not done it. Prima facie, it is impossible to accept that the occupants vacated on their own,” the CJ said.  Lawyers representing the owners of the land where the shanties were razed maintained that those who were squatting on the property left after they “politely requested” them. “Who will believe that people left because they were politely requested to?” the CJ quipped. The court will pass its final order in the case on February 7. Read: Who demolished migrant huts claiming Bangladeshi infiltration? BBMP says it didn't After video claims 'Bangladeshi immigrant' settlement in Bengaluru, BBMP razes 100 huts
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Bengaluru police to implement ‘honk more, wait more’ on signals: Will it work?

Traffic
Experts are divided on whether the move will be beneficial in the city of Bengaluru.
The Bengaluru traffic police are always looking for novel measures to deal with the problem of traffic on Bengaluru’s roads. News emerged on Saturday of a new measure by the Mumbai Police to curb the honking menace in their city, and the Bengaluru police did not want to be left behind. The Mumbai police shared a video on Saturday evening that showed people who were honking at the red signal, even when the ticker in the signal was close to 10 seconds. However, the decibel monitor installed close to the signal also began increasing due to the noise. When the decibel level reached 85 dB, the ticker on the signal automatically reset to 90 seconds, much to everyone’s frustration, when another monitor displayed the message: “Honk more wait more.” Now, Bengaluru is planning to implement something similar. Speaking on plans for Bengaluru, city police commissioner Bhaskar Rao said: “Though honking is not as serious a problem in Bengaluru as in Mumbai, we are planning to implement the system at major traffic junctions to inculcate road discipline.” Rao has spoken to Mumbai joint commissioner (traffic) Madhukar Pandey on this. “I have taken details regarding the systems and vendors. I will ask the joint commissioner of traffic police in Bengaluru to identify major junctions where honking is most reported,” he added.   Horn not okay, please! Find out how the @MumbaiPolice hit the mute button on #Mumbai’s reckless honkers. #HonkResponsibly pic.twitter.com/BAGL4iXiPH — Mumbai Police (@MumbaiPolice) January 31, 2020   The move has been widely applauded on social media, however, Ashwathy Dilip, who works with ITDP (Institute for Transportation and Development Policy), was not too thrilled of the move. Speaking to TNM, she said, “Does Bengaluru even have that much honking? This video being shared on social media is good for spreading the message, but it is not a long term solution to the problem. We definitely need to create awareness regarding honking less, but I don’t think this would be feasible to carry out across the city.” She added, “This is a very great tool for creating a buzz on social media, to create a constant communication with people about stopping this bad habit, similar to the Anti-Tobacco campaigns.” She also warned of the consequences of holding people hostage to a traffic signal. “If they carry out this plan, people will get frustrated and skip the signal after a point. We already have cases of people getting tired of waiting at the signal and just leaving. The same would become an even bigger problem. This is not a tested intervention, and I suspect it has been made just to create a buzz.” However, Pawan Mulukutla, an independent traffic expert said, “It’s a good measure, as honking is a big problem, and causes stress to people around them in crowded places. Thus it should be addressed effectively. This could work, provided it is designed effectively according to the principles of traffic engineering. We have cases of major junctions in the city like Silk Board having 300 seconds on the timer. This should be reduced to make it more feasible.”
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Land meant for Dalit community hall usurped by pvt builders in Bengaluru?

Dalit rights groups allege that the land was promised to the Dalit community for building a community hall in 2011 but private developers are constructing an apartment building instead.
A large number of protesters, supported by 20 civil rights groups, showed up at the Tilaknagar police station in Bengaluru on Friday. Their demand? To get back the land that was earmarked for civic amenities, during the time of making the Bangalore City Corporation (BCC) Layout in Jayanagar. In this case, the land was meant for a community hall. However, the activists alleged that private vested interests have taken over the land and have already begun constructing an apartment complex in the area. The protest was organized by Bahujan Maha Sabha. According to a High Court order in 2014, space allocated for civic amenities cannot be transferred to any private entities, but can only be utilised for the public, whether it be for a park, or a meeting hall. The local people, who cannot afford the steep prices for private halls in the locality, say they asked to have a government community hall in the empty space, “We don’t have any space for weddings, small private meetings or events for people from poorer communities, so the citizens in the surrounding areas began to ask for a community hall in the civic amenities land,” says R Shekar, the State President of Bahujana Maha Sabha. The activists approached the then Mayor in 2011 with the community’s request for a marriage hall, which he approved. “Subsequently, however, his term came to an end, and the government proposed a library in its place. Construction activities began in 2016, and we found that the area looked nothing like a library. Upon filing an RTI, we were shocked to discover that private builders had taken over the land and was constructing an illegal apartment building,” he adds. According to the documents that were received through a RTI request, a private builder was carrying out the construction in a joint development with Geeta, a private individual. Shekar alleges that Geeta approached the courts seeking a site as compensation for her property, which was lost due to the construction of a road on top her property. “The standard procedure is to give some financial compensation for any land that is handed over to the government. However, Geeta was not satisfied with the Rs 3.5 lakhs which she was given, and appealed to the court seeking a site.” It is unclear how BBMP allotted this piece of land to Geeta, but the BMS alleges that local Corporator N Nagaraj was aware of the land transfer. The corporator did not respond to our repeated attempts to get in touch with him. “We have observed a trend towards the making of land allocated for civic amenities towards private use. A similar case of civic amenities land being taken over by private milk federations has been observed in Nandini Layout, and the residents there too, are protesting this,” says Arun Prasad, a social activist. “We demand that the land be taken back immediately, and the government builds a community hall in the same place. We will not accept any other compromise,” Shekar says.
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Noise pollution row: Karnataka HC orders reopening of Bengaluru's Byg Brewski

Civic Issues
The BBMP had shut down the establishment on December 24 citing noise pollution and lack of parking space.
Popular microbrewery Byg Brewski, which was closed by the Bruhat Bengaluru Mahanagara Palike last month, opened its doors once again on Saturday after a Karnataka High Court issued an order in this regard. On January 27, the Karnataka High Court issued an order to the BBMP to unlock Byg Brewski immediately. The owner of the pub had approached the court after the BBMP shut down the establishment on December 24 citing noise pollution and lack of parking space as the reason. Byg Brewski’s owners had approached the High Court stating that the BBMP had not followed due process and had locked the bar without issuing notices to the owners. “On the 27th of January, we are happy to report that the High Court recognised that Byg Brewski was closed by the BBMP without following due process and directed it (the BBMP) to unlock the premises immediately so we could re-open immediately. It recognised that we are in possession of a legitimate and valid trade licence, are not in violation of any laws, and have the right to continue doing business,” Byg Brewski said in a statement. Read: Byg Brewski in Sarjapur sealed after residents complain of loud music, illegal parking Although the court order was issued on January 27, Byg Brewski said in a statement that the locks were opened by the BBMP only on January 31. The establishment opened for business on Saturday officially. “We were closed down by the BBMP on the 24th of December, on grounds of allegedly disturbing residents due to noise pollution and the haphazard parking of patrons. We are deeply aggrieved as this was done without following due process and even giving us a hearing. Coming as it did at the absolute peak earning season of the year, this has been a hard (and unfair) blow to us,” Byg Brewski said in a statement. The High Court also ordered owners of Byg Brewski to ensure that residents are not inconvenienced by way of noise pollution and haphazard parking, and to install CCTV cameras outside the establishment.  “We have gone to great lengths to ensure that our music and ambient sound levels have strictly stayed within prescribed decibel limits. We have dedicated parking for 200 cars and a large and efficient valet service to ensure there is no bottleneck. CCTVs have been par for the course ever since our inception and we are already in complete compliance with everything the court recommended. We are now prepared and are reopen to the public on the Sunday the 2nd of February. We are delighted to welcome all our patrons back,” the bar’s statement added.    
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Bengaluru Jain trust, where two men died while cleaning sewer, closed

Manual scavenging
Days after the manual scavenging deaths in the heart of the city, Jain trust stands shut due to the lack of permission.
An investigation by Bengaluru civic authority, BBMP, has found that the Jain trust, where two people who were made to clean the sewer illegally, was operating without permission to hold commercial activities. The Jain trust now stands shut, the trust office was locked, and the official number is not receiving any calls. The manager hid behind a door and refused to speak to anyone. When TNM visited the site, there was only the manager, a Jain monk who refused to answer any questions. “I don’t have any business with you. Go!” he said from behind a closed door, while making dismissive gestures. On 25 January, 2 people, Sidappa, aged 17, and Marianna, aged about 50, died while trying to clean the sewage drain situated at the back of the trust. This is known as manual scavenging and has been deemed illegal in India. However, the practice continues. The authorities from BBMP Sampangi Ram Nagar ward 110 visited the SSBS Jain Singh trust, which is situated on Infantry Road in Central Bengaluru, and found that they were conducting commercial activities without the required permissions. In a notice, they asked the trust to furnish a business license, and permission from the BWSSB, regarding having an inner drain connection. However, the location has been used for many years for the same functions, with no action from the authorities. Locals say that the location is routinely used to hold weddings and feasts. The government classifies renting out the premises as commercial activity, which the trust does not have the permission for. However, the trust claimed that they only conduct religious activities on the premises, according to the notice pasted on their office by the BBMP. BBMP in the notice says that commercial and wedding activities needs permissions under Municipal Corporation Act (1976). According to a senior BBMP official, the trust has paid a fine of Rs 25,000 for conducting commercial activities on their premises. “It is a trust, and should not be conducting commercial activities. However, since they are doing so, they have been made to pay a fine.” The official also said that the trust would be made to make a compensation of Rs 20 lakh to each family. When TNM had met with the Jain trust’s manager on the day of the massacre, he had said, “They went inside to clean the rain water harvesting unit, where the water goes into the earth. It does not have any connection to the toilet,” he claimed. However, the doctors at Lady Curzon Bowring hospital who was treating the victims, said that both Sidappa and Marianna’s lungs were filled with sewage.
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Nithyananda is on spiritual tour, can’t serve him notice: Karnataka cops to High Court

Court
Does the Karnataka police not know that rape-accused Nithyananda is on the run from Indian authorities and is believed to be hiding in Belize?
Nithyananda.org
It seems the police in Karnataka does not keep track of the news, as on Monday it told the Karnataka High Court that they were not able to send a notice to rape accused Nithyananda because he is currently on a “spiritual tour.” Nithyananda, accused of rape and child abuse, has been absconding since November 2018 and is believed to be hiding in Belize. This comes two months after the Ministry of External Affairs announced that Nithyananda’s passport has been cancelled, and a week after a blue corner notice was issued against the self-styled godman, who is also facing charges of child abuse.  On January 31, Karnataka High Court had asked the police to serve a notice on Nithyananda in a petition seeking the cancellation of his bail in a rape case filed against him in 2010. Deputy Superintendent of Police, Balraj B, told the court that the police had served notice to his aide Kumari Archananda instead since Nithyananda was not present at his Bidadi ashram. Kumari submitted in court that she was forced to accept the notice after she told the police that she cannot tell them where Nithyananda is, a report in LiveLaw states. The counsel for the state government, meanwhile, submitted to the High Court that the prime accused Nithyananda’s presence is not required in court and that he has not violated any bail conditions. (Nithyananda’s bail conditions were diluted in 2011 and he was handed over his passport to travel for meditation and yoga camps). Earlier, the counsel had stated that the government did not know the whereabouts of Nithyananda.  Countering this submission by the government, the counsel for the petitioner Lenin Karuppan stated that Nithyananda is hoodwinking the court and that failure to serve notice is not an obstruction to cancel Nithyananda’s bail. Apart from this rape case, Nithyananda has been booked for child abuse and kidnapping by the Gujarat police after three minor children (a boy and two girls) were rescued from his ashram in the outskirts of Ahmedabad.  Nithyananda is facing trial under Sections 376 (rape), 420 (cheating), 114 (criminal abetment), 201 (disappearance of evidence, giving false information), 120B (criminal conspiracy) and other charges under the Indian Penal Code (IPC) in the III Additional District and Sessions Court in Ramanagara in Karnataka. Since the complaint was filed in 2010, Nithyananda has been arrested twice and been granted bail from higher courts, successfully delaying the start of the trial. He is now believed to be hiding in Belize in South America and appears to be running a bank account from the island nation and tax haven Vanuatu.
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