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Archives for : August2018

Shubha Mudgal – Indian Classical Music School demands #Aadhaar violates #RightToPrivacy

By- Shubha Mudgal

Yet another Aadhaar story and this time it involves the Akhil Bharatiya Gandharva Mahavidyalaya Mandal or ABGMV, with its self-proclaimed mission of working “for the promotion and propagation of Indian Classical Music and Dances with its main Sangeet Vidyalaya in Vashi, Navi Mumbai”.

 

The Mandal was set up in 1931 after the demise of Pt. Vishnu Digambar Paluskar with the express mission of propagating his pioneering vision for Hindustani classical music.

Like thousands of musicians in India, I happen to be a Life Member of the Mandal. I think I became a member sometime in the eighties, and by virtue of being a Life Member I regularly receive a copy of Sangeet Kala Vihar, the monthly magazine published by the Mandal since 1947. But a few days ago, I received a letter from the Deputy Registrar of the Mandal sent by Speed Post informing me that despite repeated reminders (which I had not received), and insertions in Sangeet Kala Vihar about the project (which I admit to having failed to notice) I had not provided my profile and address details for an identity card which the Mandal has decided to issue to all Life Members. The letter warned that if I did not provide the details before August 25, 2018, I would stop receiving my copy of Sangeet Kala Vihar and could even lose my membership of the Mandal. A form attached with the letter asks for my name, phone, address etc, two passport size photographs, and a true copy of my Aadhaar card or Voter ID !

In my response to this letter, I have asked the Mandal why it requires identity cards to be issued to its Life Members in the first place. In all the years that I have been a Life Member I have had no reason to be engaged in any financial transaction with the Mandal, other than having paid my life membership fee once when Aadhar had not even been dreamt of. The Mandal is not a high security zone either which requires ID proof for every person who enters the building. I also questioned the Mandal on the need for issuing identity cards. After all each card will cost a minimum of 40 to 50 rupees if not more, and will have to be couriered to each member, again at considerable cost to the Mandal. Could this money not be put to better use for the cause of music and musicians? What right does the Mandal have to ask for details like Aadhaar when we are constantly being warned of the dangers of sharing Aadhaar details with the public or with unauthorised individuals and agencies?

Other organisations like the India International Centre of which I am a member, also issue membership cards, but do not ask for details like Aadhaar so far. Members are also encouraged to update their contact details electronically if they wish to receive notifications. But the Mandal’s unwarranted request for Aadhar and Voter ID details is clearly a violation of the right to privacy. It must be opposed

source- Facebook

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India – Female genital mutilation #FGM violates fundamental rights, says Supreme Court

The Supreme Court is hearing PILs demanding a law against female circumcision on ground that it violates child rights of the community’s girls who undergo this procedure.

female genital mutilation,Supreme Court,Rights violation
The Supreme Court is hearing PILs, one filed by an advocate and two by Bohra women, demanding law against female circumcision.(Kunal Patil/HT File)

The Supreme Court Monday questioned the prevalent practice of female genital mutilation (FGM) of minor girls in the Dawoodi Bohra Muslim community, saying women cannot be “subjugated” to the level where they have to only “please” their husbands.

A bench headed by Chief Justice Dipak Misra, which was hearing a plea seeking a ban on the practice, also referred to fundamental rights, including Article 15 (prohibition of discrimination on grounds like caste, creed and sex) under the Constitution, and said a person has the right to “have control over her body”.

The bench wondered and said, “when you are thinking of women, (then) how can you go into the reverse gear”.

Attorney general K K Venugopal, appearing for the Centre, said that the government supported the plea against the practice of FGM. “…42 countries have banned this practice. Out of these, 27 are African countries.”

The court is hearing PILs, one filed by an advocate and two by Bohra women, demanding a law against female circumcision on ground that it violates child rights of the community’s girls who undergo this procedure.

The petition claims the circumcision causes pain during menstruation and sexual intercourse, loss of libido and even pain during urination.

“Irrespective of how it (FGM) is performed, the issue is that it violates fundamental rights and more particularly Article 15,” the bench, also comprising justices AM Khanwilkar and DY Chandrachud, said. “This is essential to your control over your genitalia. This is essential to ensure your control over your body,” the CJI said. “The principle of gender sensitivity is entrenched in the Constitution, a practice which is engaged in solely to make a woman more appealing to her husband cannot be constitutional,” he added.

Senior advocate Indira Jaising, appearing for Masooma Ranalvi, a lawyer who herself has been a victim of the FGM, said the practice of “removal of the clitoral hood” for non-medical purposes of a minor constituted an offence under the IPC and the Protection of Children from Sexual Offences Act. She said the SC should also declare that refusal by a woman should not result in her excommunication from the community.

Jaising said even the guardians of minor girls cannot give consent to the FGM for “non-medical purposes” and moreover, Islam says that the laws of the country have to be respected.

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