News UpdatesWrit Jurisdiction Cannot Be Extended Against The Rejection Of Nomination Papers At An Intermediate Stage Of Gram Panchayat Elections: Bombay HC [FB] Nupur Thapliyal15 Jan 2021 2:02 AMShare This – xA full bench of the Bombay High Court comprising of Chief Justice Dipankar Datta, Justice A.S. Gadkari and Justice G.S. Kulkarni held that a writ petition under Art. 226 challenging the rejection of nomination papers by the Returning Officer cannot be entertained as it is not a step in facilitating the election process. The Court was hearing a reference made to a larger bench after…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginA full bench of the Bombay High Court comprising of Chief Justice Dipankar Datta, Justice A.S. Gadkari and Justice G.S. Kulkarni held that a writ petition under Art. 226 challenging the rejection of nomination papers by the Returning Officer cannot be entertained as it is not a step in facilitating the election process. The Court was hearing a reference made to a larger bench after the division bench of the High Court was dealing with two conflicting opinions of the Court raising different opinions with regards to the maintainability of the petitions. The bench also clarified that Art. 243-O(b) of the Constitution places a bar on the HC for entertaining writ petitions under Art. 226 against impugned orders passed by the Returning Officer rejecting the nomination papers. BACKGROUND OF THE REFERENCE The division bench of the Bombay High Court was dealing with a bunch of petitions which challenged the orders passed by the Returning Officer of Bhose Gram Panchayat wherein the nomination papers of the petitioners were rejected. Therefore, the petitioner had prayed for setting aside the impugned orders of the Returning Officer and a direction on the State Election Commission to cancel the Gram Panchayat elections in order to conduct a fresh election and also to take action against the village officials who had allegedly issued fabricated certificates leading to their rejection of nomination papers. The need of reference to a larger bench was felt by the division bench after the counsels from both the sides argued over the maintainability of petitions under Art. 226 of the Constitution. It was argued on behalf of the State Election Commission that the petitions are not maintainable according to the decision in Vinod Pandurang Bharsakade v. Returning Officer, Akot (2003) wherein the division bench of Bombay HC was of the opinion that any dispute regarding elections can only be raised after elections by raising election dispute. It was argued on behalf of the petitioners that the petitions were in fact maintainable in accordance with the two decisions of coordinate benches of the HC in Sudhakar s/o. Vitthal Misal v. State of Maharashtra & Ors. 2007(6) All MR 773 and Smt. Mayaraju Ghavghave v. Returning Officer for Gram Panchayat, Dhamangaon & Anr. 2004(4) ALL MR 258 wherein the petitions were held maintainable as it did not call in question the election but only the right to contest election. The division bench had prima facie opined that the writ petitions are not maintainable under Art. 243-O(b) and that if the relief is with regards to facilitating completion of the election, petitioners must challenge the impugned orders in judicial review. However, due to the conflict in decisions in the three judgments, the division bench referred the following questions to the larger bench: Does allowing a challenge in a writ petition to rejection of nomination form to contest an election and granting the relief claimed by setting aside such order of rejection, amount to intervention, obstruction or protraction of the election or is it a step to facilitate the process of completion of election? Whether rejection of nomination form would attract the provisions of Article 243-O(b) of the Constitution of India? Are the views expressed by the Division Benches of this Court in the cases of Sudhakar s/o. Vitthal Misal and Smt. Mayaraju Ghavghave correct, or does the decision in the case of Vinod Pandurang Bharsakade represents the correct view in law? OBSERVATIONS OF THE BENCH The bench analyzed the provisions of Part IX of the Constitution which deals with “Panchayats”. It was observed that Art. 243, 243A to 243O were incorporated in the Constitution by 73rd Amendment Act after the Panchayati Raj Bill was introduced. Thereafter, Maharashtra Village Panchayats Act, 1959 was also amended wherein Sec. 10A was introduced that provided for State Election Commission. Another provision Sec. 15A was amended which provided a bar on the Courts to interfere in electoral matters. According to the provision: “If the validity of any election of a member of a panchayat is brought in question by any candidate at such election or by any person qualified to vote at the election to which such question refers such candidate or person may at any time within fifteen days after the date of the declaration of the result of the election, apply to the Civil Judge (Junior Division) and if there be no Civil Judge (Junior Division) then to the Civil Judge (Senior Division) having ordinary Jurisdiction in the area within which the election has been or should have been held for the determination of such question.” This provision is similar to Art. 329 which bars the courts to interfere in electoral matters. According to the petitioners, it was argued that they have correctly invoked the jurisdiction under Art. 226. It was argued that filing of election petition under sec. 15 of the Act is not an efficacious remedy for the petitioners whose nomination forms are rejected. Submission of the Amicus Curiae Mr. Anturkar, amicus curiae in the matter, relied on the constitution bench judgment of the Apex Court in N.P. Ponnuswami v. The Returning Officer, Namakhal Constituency (1952) wherein it was held that a petition under Art. 226 challenging improper rejection of nomination cannot be entertained. He further relied on the judgment of Mohinder Singh Gill & Anr. Vs. The Chief Election Commissioner (1978) and submitted that a writ petition being not maintainable is different from the writ petition not being entertained. Furthermore, he submitted that a petition under Art. 226 can be filed for rejection of nomination papers if the rejection was done an insignificant ground covered under the Bombay Village Panchayat Election Rules, 1955 or where the ground cannot be covered by any statutory provision. Submission of the State Election Commission It was argued by Adv. Shetye, appearing on behalf of State Election Commission, that election is a creature of the statute. The right to vote as also right to contest election are statutory rights and in the present case are governed by the MVP Act and the Bombay Village Panchayat Election Rules, 1959. Therefore, he submitted that it is neither a civil right nor the fundamental right of the petitioners, even to raise a grievance by approaching this Court under Article 226 of the Constitution. Accordingly it was also submitted that the Returning Officer is under a mandate not to reject any nomination paper on the ground of defect, which is not of a substantial character. He submitted that presently there are 14,244 villages which are at a advanced stage of election process and admitting the petitions under Art. 226 which be contrary to constitutional mandate and decision of N.P. Ponnuswami case. Final Observations of the Bench The bench analyzed the judgment in the case of N.P. Ponnuswami at length and observed that a writ petition could be barred if it seeks to call in question a step in election, but if the approach to the Court is to facilitate free and fair completion of election, such approach would not be barred. “The imminence of the electoral process is a factor which must guide and govern the passing of orders in the exercise of the High Courts writ jurisdiction. The more imminent such process, the greater ought to be the reluctance of the High Court to do anything, or direct anything to be done, which will postpone that process indefinitely by creating situation in which the Government of a State cannot be carried on in accordance with the provisions of the Constitution.” The bench held. In dealing with the conflict between two landmark judgments namely N.P. Ponnuswami and Mohinder Singh Gill, the bench referred to the most recent judgment on the issue in Laxmibai v. Collector, Nanded (2020) wherein the Supreme Court held that it is a prudent discretion to be exercised by the High Court not to interfere in the election matters, especially after declaration of the results of the elections but relegate the parties to the remedy contemplated by the statute. Therefore the bench while analyzing the common thread in these judgments, held that “in respect of challenge laid to an electoral process or any step connected therewith before the result of elections, covered by Part XV of the Constitution is declared, the door of the writ jurisdiction of a High Court would stand closed if any order were sought and rendered which has the tendency or effect of interrupting or posting a reasonable imminent poll.” The bench held that the bar under Art. 243-O(b) would spring in when the HC is approached under Art. 266 for examining the rejection of nomination papers with respect to elections under Part IX. “Whatever be the reason for rejection of nomination, its quality ~ sub-standard or otherwise ~ is neither material nor relevant when the challenge is laid at an intermediate stage of the election by an intending candidate seeking orders from the Court to participate in the election though the Returning Officer has rejected his nomination.” On the point of conflict between Art. 243-O and Sec. 15A of the Act, the Court clarified that the Sec. 15A derives itself from Art. 243-O and therefore so long as Article 243-O stands, section 15A would also stand. Thereafter, the bench also analyzed the questions as to whether there is any remedy to an aggrieved voter or any candidate who wishes to call in question the validity of any election of a member of a Panchayat. The bench held that Sec. 15(1) and (2) of the Act provides the a remedy in law wherein it states that validity of any election could be brought in question before the Judge and thereafter the relief would be given by him. “We, thus, conclude that the MVP Act, a complete code in itself in relation to Panchayati Raj in Maharashtra, does provide the necessary machinery for vindication of ubi jus ibi remedium and for appropriate redressal of grievance of any disgruntled individual who perceives that he has been wronged by the Returning Officer.” The bench held. The bench answered the questions of reference in the following manner: Allowing a challenge in a writ petition to rejection of nomination form to contest an election and granting the relief claimed by setting aside such order of rejection is definitely not a step to sub-serve the progress of election and/or facilitate its completion as laid down in Mohinder Singh Gill and Ashok Kumar though it may not always amount to intervention, obstruction or protraction of the election.Article 243-O(b) is a bar for entertaining a writ petition under Art. 226 against an order passed by the Returning Officer rejecting nomination paper.The law laid down in Vinod Pandurang Bharsakade represents the correct view.Decisions of the division bench in Sudhakar s/o Vitthal Misal and Smt. Mayaraju Ghavghave do not lay down the correct law. Case Name: Karmaveer Tulshiram Autade & Ors. v. State Election Commission & Ors. Judgment Dated: 13.01.2021Click Here To Download Judgment[Read Judgment]Next Story
Music Masters Camps’ seventh annual Roots Rock Revival will take place from August 5th through 9th at Full Moon Resort in the heart of the “Forever Wild” Catskill Forest Preserve in upstate New York. The camp was created by the late drummer Butch Trucks, a founding member of the Allman Brothers Band, in conjunction with bassist Oteil Burbridge (formerly ABB, now Dead & Company) and brothers Luther Dickinson and Cody Dickinson of the North Mississippi Allstars.These all-star players sought to bring fans and musicians together to explore the world of the Southern Blues Rock movement, the Allman Brothers Band, and the music that forms the foundation of Rock ‘n Roll. Despite the sudden death of Trucks and Col. Bruce Hampton, who also joined the RRR family in 2016, Roots Rock Revival goes on in their memories and extends the focus onto the Grateful Dead.In addition to Burbridge and the Dickinson brothers, the 2019 lineup will feature founding member of the Allman Brothers Band and drummer Jaimoe, jazz keyboardist John Medeski, keyboardist Marco Benevento, guitarist Scott Metzger, Devon Allman, Duane Betts & Berry Oakley Jr. (The Allman Betts Band), Ashish Vyas & Jeff Franca (Theivery Corporation), Grahame Lesh & Elliott Peck (Midnight North), Vaylor Trucks (son of Butch Trucks), NOLA jazz drummer Johnny Vidacovich, Brandon “Taz” Niederauer, and Jr. Mack.Whether you’re a campfire player, a full-time musician, or a passionate music fan, this experience offers the opportunity to dive deep into the world of your favorite musical artists. Roots Rock Revival will feature not only outstanding music, but also three gourmet meals a day. The bountiful and fresh food menu features many locally grown ingredients and a full spectrum of exceptional catering from the arrival meet-and-greet to the farewell breakfast.Eat, drink, jam, and immerse yourself in music with the masters! Five days and four nights of memories and inspiration at Full Moon Resort, an enchantingly unique facility offering over one-hundred acres of mountains, meadows, forests, and streams. This gorgeous setting has proven time and again to be a perfect host for these inspiring and memorable events. Sign up today and learn more about the event here.
LANA said the 12 people beheaded were local gunmen who had been battling IS in the eastern Sirte district known as “neighborhood three”.The agency also reported that IS militants executed 22 other Sirte residents who had taken up arms against the jihadist group as they lay wounded in a city hospital. It said the jihadists also set the hospital on fire.A Sirte city council official told AFP that clashes continued to rage on Saturday.“There is continuous fighting, especially in neighborhood three, and the casualty toll is rising,” said the unnamed official.Libya’s ambassador to France, Chibani Abuhamoud, told AFP on Friday that fighting in Sirte had left between 150 and 200 dead. Islamic State group jihadists have beheaded 12 people and hung them on crosses during a battle for the coastal city of Sirte, the national news agency LANA reported Saturday. The fighting for control of Sirte, hometown of slain dictator Moamer Kadhafi, has been raging since Tuesday, with one top Libyan diplomat warning of a “massacre” in the city.
Argentina’s Juan Martin Del Potro has denied the Us Open fans the first ever Roger Federer and Rafael Nadal showdown at Flushing Meadows following his sensational quarter final victory Federer.The world number 24, who beat the Swiss to claim his first Grand Slam title at the 2009 US Open, defeated Federer 7-5 3-6 7-6 (10-8) 6-4 to set up a semi final clash with top seed Rafael Nadal.Speaking after his stunning victory, Del Potro said: “I think it’s my home court too – you make me feel happy every time when I play here and I love your support,” Related The victory means Nadal will remain number one when the next ranking is released next week following Federer’s defeat to Del Potro.Nadal will now play Del Potro in the semis, a rematch of the 2009 US Open semi final which Del Potro won en route claiming the title eight years ago. “I know against Rafa the crowd will be tough for me but I hope you are cheering for me again. He is number one in the world, but with this amazing support anything can happen.”Elsewhere, world number one, Nadal cruised past Russian youngster Andrey Rublev in three straight sets 6-1 6-2 6-2.
Sir Alex Ferguson has criticised Manchester City over the sacking of Roberto Mancini.Mancini was dismissed by the club on Monday but Ferguson, who retires after Sunday’s game against West Brom, has sympathy with his old rival.It comes as a full-page advert from Mancini appeared in Saturday’s Manchester Evening News.The Italian has always had a good relationship with fans and thanked them for their support during his tenure.The ad says: “Manchester City Supporters 3 unforgettable years, you will always be in my heart, ciao, Roberto Mancini,” and features a picture of him with the Premier League trophy, FA Cup trophy and Community Shield, all of which he won during his time at the club.But Ferguson believes Mancini’s sacking was tough on the Italian. “It was quite amazing. He has won the FA Cup, been in the final, second in the league and won the league and it’s not good enough?” he said.“I was surprised, but actually no, you can’t say you are surprised not with some owners today. You can’t be surprised, but I still don’t think it was right.”David Moyes will take over at Old Trafford after 11 years at Everton but Ferguson believes that he can carry on the success they have enjoyed under his reign, despite what may happen at the club the Scot once described as ‘the noisy neighbours’ .“What happens at Man City won’t have any bearing on David,” he added.“He’s got the structure here and he’s got the experience. He’s had to handle things at Everton that are more difficult probably. I don’t think that matters. “I think the enormity of the club will be the most difficult aspect, he will soon realise that anyway.“The global brand and number of sponsors we have, he has to fit into that. I don’t think that’s an issue though and the most important thing is the team.“He’s got a good squad of players and he will want to add to that. He will have his own ideas and that’s good. He will be fine.”
It’s an unfortunate fact that great historical speeches and literature are often bastardized to justify poor management practices, leadership decisions and policies. There are at least 84 Chicken Soup for the Soul-related books on the market today and not one directed towards tech startups. As told through a series of abused “inspirational quotes”, here’s our effort to explain why. “It is better to be feared than loved.” – Niccolo MachiavelliHold a contest for worst employee of the month, instigate a bathroom pass for your five person team and remove all flair from the office. If the message you’re hoping to express to others is that you’re a terrible human being, then by all means, engrave this quote into your desk. If you know your enemies and know yourself, you can win a hundred battles without a single loss. – Sun TzuSend your vast army of interns on fact finding missions, monitor every signal from the competition’s trench and position yourself as the RC Cola to their Coke. If you define yourself by your industry leader and let your employees know it, they’ll be enthused to exclaim the inspirational company cheer “We’re number four!” every chance they get. After all, you can’t lose a battle if no one thinks you’re worth challenging.“If you want a thing done well, do it yourself.” – Napoleon BonaparteArmed with reruns of The Apprentice, some advice from a second cousin and a Wired magazine article from 1996, you’re the most brilliant person alive. Reduce your designers to pixel-pushing monkeys, make the CTO your whipping boy and drive your product manager to prescription medication abuse. If you think you can code, design and sell better than any one else alive, then surely your chutzpah and street smarts will make you the Charlemagne of startups. Top Reasons to Go With Managed WordPress Hosting A Web Developer’s New Best Friend is the AI Wai… dana oshiro Related Posts Why Tech Companies Need Simpler Terms of Servic… 8 Best WordPress Hosting Solutions on the Market Tags:#start#startups
WATCH: Streetboys show off slick dance moves in Vhong Navarro’s wedding PH billiards team upbeat about gold medal chances in SEA Games PLAY LIST 03:07PH billiards team upbeat about gold medal chances in SEA Games05:25PH boxing team determined to deliver gold medals for PH00:45Onyok Velasco see bright future for PH boxing in Olympics00:50Trending Articles01:35Panelo suggests discounted SEA Games tickets for students02:49World-class track facilities installed at NCC for SEA Games03:04Filipino athletes share their expectations for 2019 SEA Games02:25PH women’s volleyball team motivated to deliver in front of hometown crowd01:27Filipino athletes get grand send-off ahead of SEA Games Catriona Gray spends Thanksgiving by preparing meals for people with illnesses Flags of SEA Games countries raised at Athletes Village Man sworn in as lawyer by judge who sentenced him to prison as a teen 20 years ago SEA Games Gallery: August 19 “We only had four days to get them,” he added.The Philippines is considered to be the favorites to rule ice hockey, which is making its debut in the regional event.“If we play to our potential, I can’t see any reason why we won’t win [the gold],” said Filipino-Swiss goalkeeper Gianpetro Iseppi in an interview before the squad left for Kuala Lumpur.The Filipinos open their campaign against Indonesia on Monday at the Empire City Ice Arena in Damansara Perdana, a new commercial hub in this bustling and progressive Malaysian capital.They take on Singapore next then, Malaysia before closing out their stint against Thailand on Thursday.ADVERTISEMENT Don’t miss out on the latest news and information. The team that finishes with the most number of wins bags the gold medal. LOOK: Venues for 2019 SEA Games MOST READ This photo taken on August 15, 2017 shows head coach Daniel Brodan (R) giving instructions to members of the Philippines men’s ice hockey team, dubbed the “Mighty Ducks”, during a practice session at a mall skating rink in Manila ahead of their games at the Southeast Asian Games (SEAGames) in Malaysia.Dubbed the “Mighty Ducks” by local media, the Philippine men’s hockey team aims to win a gold medal in next week’s games in Malaysia — a far cry from members’ days of only learning of the sport through the Disney movies. / AFP PHOTO / TED ALJIBEThe Philippines’ gold-medal bid in ice hockey got a shot in the arm after two of its key players earned the go-signal from Southeast Asian Games organizers to compete.Carlo Martin Tenedero and Paul Gabriel Sanchez have been allowed to play in the SEA Games after the country’s men’s ice hockey team won its appeal to reinstate the two Fil-Canadians in the team Saturday.ADVERTISEMENT LATEST STORIES SEA Games in Calabarzon safe, secure – Solcom chief Both players were earlier disqualified for allegedly violation eligibility rules.“This is a great relief for us and great morale boost for the team,” said team manager Petronilo Tigaronita.FEATURED STORIESSPORTSWATCH: Drones light up sky in final leg of SEA Games torch runSPORTSSEA Games: Philippines picks up 1st win in men’s water poloSPORTSMalditas save PH from shutoutTenedero and Sanchez were initially removed from the lineup after the hosts claimed both failed to meet the required 16-month residency rule under international standards.“But we have proof and documentation, including certification from their respective barangays that they have stayed in the Philippines since April 2016,” said teammate Francois Emmanuel Gautier, who arrived with Tigaronita ahead of the team in filing the appeal. Read Next Brace for potentially devastating typhoon approaching PH – NDRRMC UPLB exempted from SEA Games class suspension View comments
Read Next Trending Articles PLAY LIST 00:50Trending Articles00:50Trending Articles00:50Trending Articles01:29Police teams find crossbows, bows in HK university01:35Panelo suggests discounted SEA Games tickets for students02:49Robredo: True leaders perform well despite having ‘uninspiring’ boss02:42PH underwater hockey team aims to make waves in SEA Games01:44Philippines marks anniversary of massacre with calls for justice01:19Fire erupts in Barangay Tatalon in Quezon City AFP official booed out of forum MOST READ Wigan Athletic players celebrate at the end of the English FA Cup fifth round soccer match between Wigan Athletic and Manchester City at The DW Stadium, Wigan, England, Monday, Feb. 19, 2018. Wigan Athletic won the game 1-0. (AP Photo/Rui Vieira)MANCHESTER, England — Manchester City’s pursuit of a quadruple ended on Monday when it was surprisingly eliminated from the FA Cup by losing at third-division Wigan 1-0.Wigan beat City in the 2013 FA Cup final, but this was an even bigger shock. Will Grigg’s late goal was enough for the League One side to pull off the upset in the fifth round. They host Southampton in the quarterfinals next month.ADVERTISEMENT Aguero looked like opening the scoring after breaking into the box just before the interval, but Walton produced another fine save.Controversy then erupted when referee Anthony Taylor dismissed Delph following a sliding challenge on Power.Taylor initially had a yellow card in his hand, but eventually brandished the red one, sparking vociferous complaints from City players, who felt the decision was harsh.Guardiola was also angered and encroached on to the field, his arguments with Cook continuing for some time afterwards.City was further frustrated after the break and Grigg capitalized on a Kyle Walker error to win it for Wigan 11 minutes from time. The Northern Ireland international seized possession on halfway and charged upfield before slotting a fine shot past Bravo from the edge of the area.Wigan survived a nervy finish, with the final whistle prompting a pitch invasion.Television pictures appeared to show a home supporter and Aguero involved in a physical exchange.Aguero appeared to strike the supporter after the latter said something to the forward, who had to be held back by his City teammates.Guardiola and Cook said they did not see the post-match incidents because they were in the changing rooms. “Of course, we are sad and we want to go through because the FA Cup is a nice competition and you want to go to the quarterfinals. They score a goal, we were not able to. We congratulate Wigan for their victory.”While Delph’s red card led to Guardiola and Cook exchanging strong words on the touchline and in the tunnel at halftime, both managers said there wasn’t a problem.“From our point of view we’re trying to get every edge in everything we can,” Cook said.“We certainly wish them well fighting on all fronts because they represent English football so well.”City enjoyed 83 percent of possession and 29 shots to Wigan’s four, but could not take advantage. Sergio Aguero headed over early on and Ilkay Gundogan forced a good save from Christian Walton before miskicking from another good position.ADVERTISEMENT Don’t miss out on the latest news and information. Lady Chiefs keep NCAA volley title NEXT BLOCK ASIA 2.0 introduces GURUS AWARDS to recognize and reward industry influencers Slow and steady hope for near-extinct Bangladesh tortoises 2 ‘newbie’ drug pushers fall in Lucena sting Typhoon Kammuri accelerates, gains strength en route to PH Globe Business launches leading cloud-enabled and hardware-agnostic conferencing platform in PH LATEST STORIES Brace for potentially devastating typhoon approaching PH – NDRRMC “We had to ride our luck with a couple of flashing crosses, but that’s what makes the FA Cup so special,” Wigan manager Paul Cook said. “Our lads deserve a lot of credit for the amount of work and the level of energy they put in. To beat a Man City team you have to do that.”City was forced to play the entire second half with 10 men after left back Fabian Delph was red-carded on the stroke of halftime for a strong challenge on Max Power.FEATURED STORIESSPORTSWATCH: Drones light up sky in final leg of SEA Games torch runSPORTSLillard, Anthony lead Blazers over ThunderSPORTSMalditas save PH from shutoutCity manager Pep Guardiola accepted the referee’s decision and played down its significance.“We played good in the second half even with 10 so the influence in terms of the way we played wasn’t too much,” he said. “Of course, with 11 it’s easier. We conceded one shot on target in 90 minutes and we lost. Football is like this. John Lloyd Cruz a dashing guest at Vhong Navarro’s wedding View comments
Australia’s best junior players have travelled to Darwin, NT to take part in the 2013 School Sport Australia National Championships from Monday, 14 October until Friday, 18 October 2013. Teams from every state in Australia will take part in the annual event, with four divisions battling it out in a bid to claim a national title – in the 12’s Boys, 12’s Girls, 15’s Boys and 15’s Girls divisions.Monday, Tuesday and Thursday will see round games take place, with each of the states to play each other once. Wednesday will see a break from games as the participants take part in a day of excursions, with finals to be played on Friday.To keep up-to-date with all of the latest results from the 2013 School Sport Australia National Championships, please visit the following website:http://www.schoolsport.edu.au/results/touch/default.aspxRelated LinksSchool Sport Nationals
The Canadian PressThe federal government needs to appoint a special representative to hear from Indigenous women coerced into being sterilized to learn what justice would look like for the survivors, says Amnesty International Canada.The human-rights organization, which plans to take the issue to the United Nations Committee Against Torture this month, insists there must be action from the federal government, the provinces and territories, and medical regulators.Many people are familiar with historic cases of coerced or forced sterilizations of Indigenous women in Canada, but Amnesty’s gender-rights campaigner, Jacqueline Hansen, said people are shocked to learn it’s still occurring.APTN Investigates reported on the issue in an award-winning episode in 2017.“It just shouldn’t be happening and those who have experienced this need to see justice,” Hansen said in an interview Monday.The issue of forced sterilization of Indigenous women has been on Amnesty International’s radar for some time, she added, pointing to a large body of work regarding the practice in Peru and the Americas.But she called it “deplorable” that reports indicate it is still happening in Canada, especially when the country has committed to reconciling its relationship with Indigenous Peoples.Coerced sterilization was raised at the UN in May when Canada’s entire human-rights record was up for review, Hansen said, noting she hopes the committee against torture will ensure Canada is accountable and compliant with international human rights obligations.Systemic bias against Indigenous women in policing is well-established and known, she added, and it also exists in the provision of health services to Indigenous people.Sen. Yvonne Boyer said Monday she welcomes Amnesty’s call for an outsider to examine the practice and collect data on its prevalence. She said she’s heard from Indigenous women in different parts of Canada who have suffered it.In 2017, Boyer produced a report with Metis physician and researcher Dr. Judith Bartlett detailing how Indigenous women were coerced into tubal ligations – the severing, burning or tying of the Fallopian tubes that carry eggs from the ovaries to the uterus – after childbirth in the Saskatoon Health Region.A class-action suit was launched the same year and about 60 women have joined it.“There’s lot of research that needs to be done,” Boyer said. “The report that Dr. Bartlett and I did was just a mere glimpse into the problem.”Boyer also said the special representative should be Indigenous and that the issue must be examined with an Indigenous framework.NDP Leader Jagmeet Singh said Monday on Twitter that the sterilization of Indigenous women is a grave rights violation and he demanded the federal government immediately end what he called a dehumanizing and harmful practice in all corners of the country.In an interview last week, Indigenous Services Minister Jane Philpott said Canada must ensure the practice stops through policies, education and awareness-raising.“The issue of forced sterilization of vulnerable people, including Indigenous women, is a very serious violation of human rights,” she told The Canadian Press.In response to Philpott’s remarks, Hansen stressed the importance of accountability – making sure medical and child-welfare workers who bully unwilling women into life-changing surgeries are held responsible.“Yes, awareness-raising is important,” Hansen said. “Yes, policies are important. But there also is a piece around accountability … We want to make sure this just doesn’t happen again and for that to happen, there’s a number of jurisdictions that are involved.”